Corporate Takings
Companies of all types are increasingly experiencing the burden of federal takings, which occur when a government action takes private property without payment of just compensation as required by the 5th Amendment of the Constitution. Corporate takings involve federal governmental actions that destroy the beneficial and productive use of a business’s property such as its intellectual property or ability to do business.
Marzulla Law represents entities facing all forms of corporate takings. With deep experience representing federal takings cases in the U.S. Court of Federal Claims, we represent companies and organizations (including investors, startups, and established corporations) across the full spectrum of sectors and industries such as financial services, commercial entities, real estate, infrastructure, transportation, energy, and agriculture.
What Is a Corporate Taking?
The Fifth Amendment protects “private property” broadly, including many corporate property interests. Corporate takings can come in many forms, such as per se corporate takings, which usually involve a loss of use or value.
Per se Corporate Takings
Per se corporate takings can come in the form of physical appropriation or occupation and may involve a permanent or temporary physical invasion of corporate property, such as a government occupation of facilities, land-use restrictions that render commercial property unusable, or government seizure of tangible or intangible assets (including IP) and may eliminate the economically viable use of an asset.
In these cases, if the government physically takes or wipes out all value, compensation may be warranted.
Corporate takings involve federal governmental actions that destroy the beneficial and productive use of a business’s property such as its intellectual property or ability to do business.
What Are Your Options?
If you believe you have been subject to a corporate taking, it is important to know your rights and be aware of factors that can influence your situation. For example, it is important to collect any documentation relevant to actions that you believe may have given rise to a taking of your property or unfair payment of just compensation for your property. Also, evidence relating to valuation can drive outcomes of takings cases. Timing is also a factor in takings matters, so it is important not to delay in taking action.
Takings FAQ: Quick Answers to Our Most Frequently Asked Questions
Are you trying to get up to speed about takings and what you can do about them? Visit our Takings FAQ to learn more.
A Takings Law Primer
Has the government claimed your property? It may be that you need a takings lawyer to represent you.
Before you take that step, click here to read our Federal Takings Law Primer: A Guide on How to Protect Your Rights in Regulatory Takings and Inverse Condemnation Actions.
In this primer, Marzulla Law explains your options if your property has been claimed via a regulatory taking or inverse condemnation and suggests three initial steps you can take to protect yourself.
When Good Intentions Go Too Far, and Violate Constitutional Rights
In 2024, Marzulla Law was retained by Reven Pharmaceuticals to bring a takings suit against the federal government in the U.S. Court of Federal...
No COVID Exception to the Takings Clause: Eleventh Circuit Vindicates Beachfront Owners in Major Physical Takings Decision
In a significant victory for property owners—and an important reaffirmation of Fifth Amendment protections—the Eleventh Circuit Court of Appeals has...
Taking Justice to the Supreme Court: The Fight for Property Rights in the Wake of Puerto Rico’s Debt Restructuring
In Dinh v. United States, Marzulla Law has once again brought a case of profound constitutional importance to the steps of the U.S. Supreme Court....
Contact our Corporate Takings Attorneys to Learn More
Roger J. Marzulla is one of the nation’s leading takings, water, property and environmental lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned firsthand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, and Department of Commerce.
Nancie G. Marzulla is a founding partner of Marzulla Law, LLC. Nancie’s litigation practice concentrates on corporate takings and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, and the Supreme Court.