In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause ...
Today, the Supreme Court issued a terrible Takings Clause decision in Pung v. Isabella County. It's the worst Supreme ...
A self-described "urban cowboy" is fighting a Georgia county over horses it seized from him years ago. The last clause of the Fifth Amendment is straightforward: “nor shall private property be taken ...
In Heights Apartments v. Walz, the U.S. Court of Appeals for the Eighth Circuit held that the appellant, a residential apartment owner, had stated viable Contracts Clause and Takings Clause claims ...
A pair of plaintiffs are seeking redress over gallingly abusive property seizures, but it’s not certain that the Supreme Court will intervene. When a foreclosed home is sold to pay off debts in most ...
It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the ...
The dome of the U.S. Capitol in Washington as seen from the Supreme Court on Aug. 31. (Kent Nishimura for The Washington Post) In his Oct. 18 column, “The Supreme Court has a chance to rein in the ...
In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical ...
In his column today, George F. Will is exercised about a case he thinks the U.S. Supreme Court should hear on certiorari from the Illinois supreme court. It concerns an act of the Illinois legislature ...
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