How to Avoid Reaching the Merits of Your Takings Case

How to Avoid Reaching the Merits of Your Takings Case

Great facts don’t always win a taking case. To win a taking case against the United States, you must make sure your legal theory accounts for and can defeat any jurisdictional and procedural defenses you will inevitably encounter. Otherwise, the merits of your taking...
What Is the Stabilization Doctrine in a Takings Case?

What Is the Stabilization Doctrine in a Takings Case?

We usually think of taking cases as arising from a single governmental action that occurs and immediately starts the statute of limitations running, such as cases involving a physical occupation of land, denial of the ability to make use of one’s property, or seizure...