This morning, the U.S. Supreme Court decided to take review of the important property rights case, Arkansas Game & Fish Commission v. United States. This case asks whether government actions that result in intermittent physical invasion and occupation of another person’s property over a period of 8 years give rise to a claim for damage ...
Yesterday, the U.S. Supreme Court agreed to hear the temporary takings case, Arkansas Game & Fish Commission v. United States. Our friends at the Cato Institute wrote this article highlighting the importance of the case to private landowners. … ...
Last week, PLF attorneys filed an amicus brief on behalf of PLF, the Cato Institute, and Atlantic Legal Foundation in one of the most significant Takings Clause cases to reach the U.S. Supreme Court in recent years. The case, Arkansas Game & Fish Commission v. United States, asks whether a temporary physical invasion of private … ...
The U.S. Supreme Court’s October calendar is shaping up to be another blockbuster for PLF. Not only will the Court hear arguments in the challenge to the University of Texas at Austin’s use of racial classifications in Fisher v. University of Texas, but it also scheduled oral argument in the temporary taking case, Arkansas Game ̷ ...
Earlier this week, the government filed its merits brief in the temporary physical takings case, Arkansas Game & Fish Commission v. United States. Many of us were eagerly awaiting the brief to see how the government addressed the temporary takings debate, particularly in regard to the U.S. Supreme Court’s foundational takings precedents. ...
Last week, I reported that the federal government’s merits brief in Arkansas Game & Fish Commission shed very little light on the question whether recurring flood invasions must continue permanently to take property within the meaning of the Takings Clause. Unfortunately, the two amicus briefs filed in support of the federal government of ...
As the October 3, 2012, argument date draws closer in Arkansas Game & Fish Commission, the issues that the U.S. Supreme Court will likely have to decide are becoming more focused. Somewhat surprisingly, the central question in this case—whether a physical invasion of private property must continue permanently to take property within the meani ...
Yesterday, Reason published an article about the temporary taking case, Arkansas Game & Fish Commission v. United States. The article, insighfully titled Protecting Property Rights from the Army Corps of Engineers, summed up the case as follows: In the present case, repeated flooding over six consecutive years by the U.S. Army Corps of Engine ...
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 … ...