News & Analysis as of

Takings Clause Jurisdiction

Buchalter

U.S. Supreme Court Decision Impacts California Developers

Buchalter on

On April 12, 2024, the U.S. Supreme Court issued an important decision that may have major impacts on developers in California, although the degree of impact will depend on how lower courts interpret that decision. In Sheetz...more

Bricker Graydon LLP

When the Rubber Doesn’t Meet the Road: Ohio Supreme Court Sends Eminent Domain Dispute over Park Bike Path Back to Trial Court

Bricker Graydon LLP on

The construction of a bike path ran into a bump in the road when the Mill Creek Metropolitan Park District (Park District) attempted to take land through eminent domain. The Park District is a public entity that is attempting...more

Sullivan & Worcester

At U.S. Supreme Court, Jewish Heirs Lay Claim to Treasure Taken by Nazi Agents in 1935

Sullivan & Worcester on

(WASHINGTON-October 22, 2020) The heirs to the Jewish art dealers who were forced to sell the medieval devotional art collection known as the Welfenschatz (in English, the Guelph Treasure) to agents of Hermann Goering in 1935...more

Dorsey & Whitney LLP

The Supreme Court - June 23, 2017

Dorsey & Whitney LLP on

Perry v. Merit Systems Protection Bd., No. 16-399: Petitioner Anthony Perry was a federal employee at the U.S. Census Bureau and in 2011, received notice he would be terminated due to spotty attendance. Perry and the Bureau...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Sheppard Mullin Richter & Hampton LLP

District Court Strikes Down Regulation of Purely Intrastate Species on Private Land

In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that...more

Beveridge & Diamond PC

Court Finds Endangered Species Act Cannot Regulate Species on Private Lands Within a Single State

Beveridge & Diamond PC on

In a win for property owners and project proponents, a Utah federal district court has ruled that the United States Constitution does not authorize the U.S. Fish and Wildlife Service (“FWS”) to regulate impacts to the Utah...more

Nossaman LLP

Utah Court Bucks the Trend: Holds Congress Lacks Power to Regulate Intrastate Species on Private Land

Nossaman LLP on

Contrary to every federal court of appeal decision that has addressed the issue, a federal court in Utah has held that the broad authority of the U.S. Fish and Wildlife Service (Service) to regulate "take" of threatened...more

Nossaman LLP

The Grapes of Wrath: U.S. Supreme Court Holds that Takings Claim Can be Raised as an Affirmative Defense to Enforcement Action...

Nossaman LLP on

In a unanimous opinion written by Justice Thomas, the Supreme Court held that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement action filed by the United States. Horne v....more

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