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...
How to Prove You Have a Compensable Property Right
There are two elements to the taking test employed by the U.S. Court of Federal Claims: (1) whether the plaintiff has a cognizable Fifth Amendment property interest and (2) whether that property interest has been taken. The Court recently examined the first prong...
The Doctrine of Justifiable Uncertainty and Sovereign Immunity
What role do a property owner’s subjective expectations play in determining whether a taking claim has accrued in a gradual taking? Plaintiffs in a taking case brought by landowners in Louisiana, Biloxi Marsh Lands Corporation et. al, recently asked that the Court of...
Constructive Notice of Claim Enough to Start the Statute of Limitations Running
One thing that any litigant in the U.S. Court of Federal Claims should always remember is that, unlike other courts including federal district courts, in this Court the statute of limitations is jurisdictional and can be raised any time in the litigation, even on...
Water for Irrigation vs. Fish Protection? Look to the Statute for the Answer
The Twitchell Dam and Reservoir is located in southern San Luis Obispo County and northern Santa Barbara County in California on the Cuyama River. Two environmental groups, the San Luis Obispo Waterkeeper and the Los Padres Forest watch sued the U.S. Bureau of...
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.