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Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
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On Friday February 6, the Puerto Rico Federal District Court ruled the Debt Enforcement and Recovery Act (the “Recovery Act”) unconstitutional. Franklin Calif. Tax-Free Trust, et al. v. Comm. Of Puerto Rico et al., (D.P.R.,...more
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
On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in...more
Inverse condemnation claims can be tricky, particularly in the regulatory context. You don't want to file your claim too soon, as that will likely result in your claim being booted out of court on ripeness grounds. But you...more