Earlier this week, PLF attorneys filed an amicus brief urging the Washington Supreme Court to review the takings case, 10 North Washington Ave., LLC v. City of Richland. In 2008, 10 North Washington Ave., LLC (NWA) purchased vacant land from the city to operate as a rail yard. NWA invested over $5 million to develop … ...
Earlier today, the Federal Circuit Court of Appeals issued its remand decision in Arkansas Game & Fish Commission v. United States, upholding the trial court’s conclusion that the Army Corps of Engineers took Arkansas Game & Fish’s property. As you may recall, the Arkansas Game & Fish Commission owns and operates the Dave Do ...
Tuesday I had the good fortune to attend Cato’s Constitution Day Conference. The conference consisted of several panels of legal experts discussing the leading liberty-related cases of the 2012 Supreme Court Term, as well as a discussion of next Term’s potential blockbuster decisions. Professor Ilya Somin of George Mason spoke about ...
Earlier this week, I put the finishing touches on an article discussing the U.S. Supreme Court’s decision in Arkansas Game & Fish Commission v. United States. As you may recall, the case began when the U.S. Army Corps of Engineers, as part of a temporary dam management plan, inundated the Commission’s timberlands for six consecutive ...
Yesterday, PLF attorneys filed an amicus brief in the remand proceedings in Arkansas Game & Fish Commission v. United States. As you may recall, late last year, the U.S. Supreme Court held that temporary, government-induced flooding is not categorically exempt from the requirements of the Takings Clause. The decision recognizes that any governm ...
Professor Ilya Somin, writing on the Volokh Conspiracy, praised today’s U.S. Supreme Court decision in Arkansas Game & Fish Commission v. United States as “a rare unanimous victory for property rights” and “an important step in rejecting the federal government’s extreme position that temporary flooding can never be ...
In a major property rights decision, the United States Supreme Court today, in an 8-0 opinion, held that the Takings Clause of the U.S. Constitution protects against all government invasions of private property, even if the intrusion isn’t permanent. The decision in Arkansas Game & Fish Commission v. United States reverses a Federal Circu ...
Earlier this week, the U.S. Supreme Court heard arguments in the temporary taking case, Arkansas Game & Fish Commission v. United States (the transcript/audio can be found here). The issue in this case is whether government-caused flooding must continue permanently to take property within the meaning of the Takings Clause. As reported in an ...
Later today, I plan to post an update on the oral argument in the temporary taking case, Arkansas Game & Fish Commission v. United States. But, in the meantime, I am providing links to a couple of blog posts to whet your appetite. Lyle Denniston posted an argument preview on SCOTUSblog analyzing the case and … ...