News & Analysis as of

Fifth Amendment Land Owners

Nossaman LLP

State Inverse Condemnation Remedy Sufficient To Vindicate Constitutional Rights

Nossaman LLP on

Dodge, duck, dip, dive, and… dodge.  An interesting case from the United States Supreme Court yesterday.  Interesting because of what it says, and interesting because of what it very explicitly declined to say....more

Allen Matkins

U.S. Supreme Court Will Clarify the Constitutionality of Legislatively-Authorized Land Use Exaction Fees

Allen Matkins on

The United States Supreme Court granted certiorari on September 29, 2023 in Sheetz v. County of El Dorado, a case that challenges the County of El Dorado’s requirement that a property owner pay a Traffic Impact Mitigation Fee...more

Pierce Atwood LLP

No Right to Jury Trial for Regulatory Taking Claim: Pierce Atwood Partner Michelle O’Brien Successfully Argues Before...

Pierce Atwood LLP on

Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more

Maynard Nexsen

SC Court of Appeals Rules No Compensable Taking - Case involved in police hostage rescue

Maynard Nexsen on

The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a...more

Robins Kaplan LLP

Trouble in Paradise: Florida Third DCA’s Opinion in Beyer v. City of Marathon Declaimed as “For The Birds”

Robins Kaplan LLP on

Nestled in the center of the Florida Keys lies the City of Marathon; a tropical paradise splitting the Atlantic Ocean and Gulf of Mexico. Recently, Florida’s Third DCA hatched the case of Beyer v. City of Marathon. On...more

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