"This Court should hold that the right to just compensation is self-executing,and that Louisiana courts may issue writs of mandamus ordering the Sewerage &Water Board—and any future nonpaying entities—to pay for the property it took and damaged."
On the merits, PLF tells the Court the Fifth Amendment’s Takings clause is self-executing and applies to the states. Victims of government-caused flooding need not file statutory civil rights claims, and their just compensation is not blocked by sovereign immunity.
Michigan passed a statute creating a labyrinthine process for recovering equity after a tax foreclosure. PLF tells their supreme court that full, just compensation in compliance with Rafaeli and Tyler should be perfectly simple.
The Court should hold that all demands for personal or real property that are packaged as conditions of approval to use or develop land must comply with the tests established by Nollan and Dolan.
The Ninth Circuit exceeded its authority in decisions that restricted local governments’ ability to use their police powers to protect property as they cope with the homelessness crisis.
The Supreme Court should not allow lower courts to set new obstacles to property owners’ claims so soon after Knick cleared the Williamson County roadblock away.
When a government regulation forces a property owner to sacrifice all economic use for the public good, without compensation, it violates the Takings Clause. Even if this sacrifice is only temporary.
This brief won’t tell you what a “sophistic, Miltonian Serbonian Bog” is, but it does tell the Texas Supreme Court their justification of takings via the police power is unconstitutional.