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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
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
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
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