Does pervasive regulation void the Takings Clause?

November 27, 2013 | By BRIAN HODGES

Yes, says the federal government.  In their most recent filing in Mehaffy v. United States, lawyers for the U.S. Army Corps of Engineers argue that a property owner’s takings claim is weakened if the property is subject to preexisting, comprehensive regulation. You may recall that the Mehaffy case involves an Arkansas property owner who sued ...


The government can’t "regulate away" the right to just compensation

July 02, 2013 | By BRIAN HODGES

PLF attorneys filed this brief today in support of Arkansas landowner Mike Mehaffy’s petition for certiorari to the Supreme Court of the United States.  Mr. Mehaffy owns property on the Arkansas River in North Little Rock.  He acquired it in 2000, and in 2006 he applied to the Army Corps of Engineers for a Clean … ...