Government Inaction Can’t Give Rise to a Taking, Federal Circuit Holds
On August 30, 2019, Bench Creek Ranch, LLC, owned by Paul Plouviez, sued the United States in the U.S. Court of Federal Claims, seeking over $800,000 in just compensation for the taking of the Ranch’s water rights in federal land covered by Bench Creek’s grazing...
Third-Party Beneficiary & Implied-In-Fact Contracts
In Fox Logistics & Construction Co. v. United States, No. 18-139C (September 25, 2019), the plaintiff, a subcontractor, alleged that the Government had breached its duty of good faith and fair dealing under an Air Force contract for construction of the Hindand Air...
Federal Circuit Holds That Houston-Flooded Homeowners Have Compensable Property Rights
Following the devastating flooding of hundreds of privately owned properties in an area on the western edge of Houston, Buffalo Bayou, caused by flood control actions of the U.S. Army Corps of Engineers in response to Hurricane/Tropical Storm Harvey, the flooded...
Court Denies Covid Eviction Moratorium Taking Claim
At the height of the Covid pandemic, with its widespread lockdowns to prevent the spread of infection, the Center for Disease Control put in place a nationwide residential eviction moratorium. In response, 38 landlords and rental property owners, Darby Development...
Your Guide on How to Protect Your Rights in Federal Takings and Inverse Condemnation Actions
Are you facing a taking from the government? Need to understand what a taking is and what you can do about it? Read our Takings Law Guide.