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Tag: physical taking

March 22, 2017

Briefing complete in challenge to access regulation

We recently filed our Ninth Circuit reply brief in Cedar Point Nursery v. Gould. The case involves a challenge to the Agricultural Labor Relations Board’s access regulation, which allows union activists to invade private property for three hours a day and 120 days per year. In its opposition brief, the ALRB argued that the access regulation ...

April 29, 2015

Will the Supreme Court's second Horne decision undermine Williamson County ripeness?

One issue that has received little attention following the oral argument in Horne v. United States Department of Agriculture is the question of what the Hornes' remedy should be if they prevail. Readers will recall that the Supreme Court last Wednesday considered a depression-era law requiring raisin farmers, like plaintiffs Marvin and Laura Horne, ...

March 07, 2013

Bad decision for water rights

Last week, the Federal Circuit Court of Appeals, in Casitas Municipal Water District v. United States, dismissed as unripe the plaintiff district’s takings claim.  (PLF submitted an amicus brief supporting the district).  The case arose out of the district’s operation of the Ventura River Project.  In 2003, the National Marine Fisher ...

September 21, 2012

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

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 ...

September 04, 2012

More briefs, fewer answers in Arkansas Game & Fish Commission

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 offer li ...

July 10, 2012

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

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 ...