News & Analysis as of

Takings Clause Constitutional Challenges State and Local Government

Otten Johnson Robinson Neff + Ragonetti PC

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

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

Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: West Virginia Federal Court Allows Wood County Tax-Sale Challenge to Proceed

Earlier this month, the U.S. District Court for the Southern District of West Virginia declined to dismiss a Section 1983 challenge against a West Virginia County in Grady v. Wood County. This ruling comes in the wake of the...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Shutts & Bowen LLP

Amendments to Florida's Private Property Rights Protection Act (“Harris Act”) take effect on October 1, 2021

Shutts & Bowen LLP on

The Takings Clause of the U.S. Constitution prohibits the government from depriving an owner of private property for public use without “just compensation.” Governmental action burdening private property does not always...more

Sheppard Mullin Richter & Hampton LLP

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

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

Ballard Spahr LLP

Pennsylvania Supreme Court Weighs In: COVID-19 Shutdown Is Not an Unconstitutional Taking

Ballard Spahr LLP on

On Monday, in Friends of Danny DeVito v. Wolf, a divided Pennsylvania Supreme Court rejected a constitutional challenge to Governor Tom Wolf’s executive order closing non-life sustaining businesses. ...more

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