Timing to Avoid Dismissal of a Taking Claim
The decision of when to file a taking claim in the U.S. Court of Federal Claims is a critically important step in bringing a successful taking case. File at the wrong time, and you may find yourself out of court. The assignee of oil and gas lease rights, Solenex, LLC,...
Congress Funds Compensation Claims For New Mexico Fire Victims
April 6, 2022 was a windy day in the Las Dispensas area of the Santa Fe National Forest. But the U.S. National Forest Service moved forward anyway with its plan to set a prescribed burn for the area. The inevitable results were that the Hermit’s Peak/Calf Canyon...
Nancie Marzulla Joins Takings Panel at 17th Meeting of the American College of Business Court Judges
Our partner Nancie Marzulla participated in a panel discussion on 100 Years of Takings Law at the 17th Meeting of the American College of Business Court Judges (ACBCJ), presented by the Judicial Education Program of the Law & Economics Center (LEC) at The...
Flooding Taking Case Dismissed for Failure to Allege a Claim
To address the routine flooding that occurs in the Mississippi Delta, in the 1940s the federal government built the Yazoo Backwater Project—a levee system designed to protect portions of Issaquena County, Misssissippi, near the confluence of the Mississippi and Yazoo...
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...
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.