Articles

PLF Urges Washington State to Recognize the Viability of Temporary Takings Claims

May 16, 2014 | By BRIAN HODGES

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 … ...

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Federal Circuit upholds takings decision in Arkansas Game & Fish

December 03, 2013 | By BRIAN HODGES

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 ...

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Cato Constitution Day Conference

September 19, 2013 | By DAMIEN SCHIFF

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 ...

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Inconsistent language = inconsistent justice

May 10, 2013 | By BRIAN HODGES

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 ...

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Arkansas Game & Fish did not overturn the well-settled physical takings test

April 02, 2013 | By BRIAN HODGES

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 ...

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Arkansas Game & Fish : buying unity at the expense of clarity?

December 04, 2012 | By BRIAN HODGES

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 ...

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Important property rights victory in Arkansas Game & Fish Commission v. United States

December 04, 2012 | By BRIAN HODGES

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 ...

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More thoughts on the Arkansas Game & Fish Commission argument

October 05, 2012 | By BRIAN HODGES

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 ...

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Thoughts about today’s oral argument in Arkansas Game & Fish Commission

October 03, 2012 | By BRIAN HODGES

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 … ...