News & Analysis as of

Takings Clause Horne v USDA

Womble Bond Dickinson

Taking and Valuing Raisins

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The United States Supreme Court ruled that the United States government cannot take a citizen’s raisins without paying for them. Horne v. Department of Agriculture, __ US__ (June 22, 2015). Standing alone, the ruling is...more

Nossaman LLP

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

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Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Nossaman LLP

Expanding Your View of Takings Law

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As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more

Beveridge & Diamond PC

Supreme Court Puts Its “Takings Law” Foot Down

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In Horne I, the Supreme Court held that a property owner, facing a governmental enforcement action, can assert as a defense that the action effects a “taking” of one’s property (here, a raisin crop) “without just...more

Manatt, Phelps & Phillips, LLP

The California Raisins Strike Back

Horne v. Department of Agriculture, No. 14-275 (U.S. June 22, 2015) - Why It Matters: In a pro-property rights opinion, the U.S. Supreme Court applies Fifth Amendment “takings” analysis to a federal program that...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Horne v. Department of Agriculture

On June 22, 2015, the Supreme Court decided Horne v. Department of Agriculture, No. 14-275, holding that the Fifth Amendment’s Takings Clause applies to personal property as well as real property, and a requirement that...more

Nossaman LLP

2014 Eminent Domain Year in Review & 2015 Forecast

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At first it seemed 2014 had been a relatively slow year for eminent domain cases. But looking back, there was more activity than we initially recalled. There were few decisions that provided any dramatic shift in the...more

Beveridge & Diamond PC

California Raisins Ripening (Again) in the Supreme Court’s Sun

Takings law is complicated enough but leave it to the frequently reversed U.S. Court of Appeals for the 9th Circuit to twist it out of shape so much as to dare the Supreme Court to reverse it not just once but twice in the...more

Nossaman LLP

U.S. Supreme Court Agrees to Take a Second Look at Takings Case

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The burning question, is why? While this is not the first time the U.S. Supreme Court has ever granted a petition for review in the same case, it is certainly not common. And, it is downright uncommon for the Supreme Court...more

Nossaman LLP

First Raisins, Now Tomatoes? Another Federal Government Takings Challenge

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It appears the raisin handlers' luck in the recent U.S. Supreme Court decision Horne v. US Department of Agriculture has spawned a new federal takings challenge by another group of fruit growers. This time it's a group of...more

Nossaman LLP

Supreme Court Hears Oral Argument in Horne v. USDA

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Over the past several months, we've been following some of the recent takings cases that have made their way up to the United States Supreme Court. So where do things currently stand?...more

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