Articles
The right to a jury trial against the federal government
July 01, 2016 | By ETHAN BLEVINS
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 ...
Articles
Federal government argues it cannot be sued in federal court for a violation of the Fifth Amendment
July 16, 2015 | By JOHN GROEN
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 … ...