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State and Local Government › Takings Clause › Supreme Court of the United States

Otten Johnson Robinson Neff + Ragonetti PC

Businesses Shuttered by COVID-19 Lockdowns Seek Supreme Court’s Revision of Modern Takings Law

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Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

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When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

Nossaman LLP

Supreme Court Develops New Multifactor Balancing Test to Determine What Constitutes a “Larger Parcel” in Regulatory Takings Cases

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Last week, the United States Supreme Court in Murr v. Wisconsin issued a key regulatory takings decision which creates a new multifactor balancing test to determine whether two adjacent properties with single ownership could...more

Holland & Knight LLP

U.S. Supreme Court Establishes New Test for Evaluating Property Rights Under the Takings Clause

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In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more

Eversheds Sutherland (US) LLP

Redefining the Denominator: Supreme Court Adopts New Test in Regulatory Taking Case 

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In Murr v. Wisconsin, the US Supreme Court declined to find that a landowner's riverfront property was the subject of a regulatory taking. In a 5-3 decision, the majority adopted a new test for defining the bounds of the...more

Holland & Knight LLP

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

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In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more

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