Articles

U.S. Supreme Court to review important property rights case

April 02, 2012 | By BRIAN HODGES

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 ...

Articles

U.S. Supreme Court to decide important property rights issues

April 03, 2012 | By BRIAN HODGES

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. … ...

Articles

U.S. Supreme Court set to determine viability of temporary physical takings

July 10, 2012 | By BRIAN HODGES

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 … ...

Articles

U.S. Supreme Court’s October calendar features two PLF amicus cases

July 24, 2012 | By BRIAN HODGES

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 ̷ ...

Articles

U.S. merits brief sheds little light on temporary takings questions

August 29, 2012 | By BRIAN HODGES

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. ...

Articles

More briefs, fewer answers in Arkansas Game & Fish Commission

September 04, 2012 | By BRIAN HODGES

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 ...

Articles

Is the federal government shifting the focus in Arkansas Game & Fish Commission?

September 21, 2012 | By BRIAN HODGES

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 ...

Articles

Reason's coverage of Arkansas Game & Fish Commission

September 21, 2012 | By BRIAN HODGES

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 ...

Articles

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 … ...