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Tag: right to jury trial

July 01, 2016

The right to a jury trial against the federal government

Kevin Brott wants a jury trial for his Fifth Amendment claim to just compensation. The federal government converted a portion of Brott’s property into a public trail. He wants a jury to gauge compensation rather than a judge who works for his adversary. Sadly, most takings claims against the federal government do not enjoy a jury. We fil ...

July 16, 2015

Federal government argues it cannot be sued in federal court for a violation of the Fifth Amendment

In Brott et. al. v. United States, a group of Michigan property owners have brought suit against the United States for a violation of their rights under the Fifth Amendment. They contend that the federal "rails to trails" program has resulted in a taking of their private property without payment of just compensation. But this ...