Federal Circuit Revives Takings Challenge to CDC Eviction Moratorium
In Darby Development Company, Inc. v. United States, the Federal Circuit held that landlords plausibly stated a Fifth Amendment takings claim based on the CDC’s (Centers for Disease Control and Prevention) pandemic-era eviction moratorium. The court reversed the Court...
Court of Federal Claims Finds Takings Liability for Downstream Flooding from Addicks & Barker Releases
In a significant development for property owners affected by government flood-control operations, the U.S. Court of Federal Claims has ruled that the federal government may be liable under the Fifth Amendment for downstream flooding caused by its decision to release...
Federal Circuit Affirms Takings Liability for Property Owners in Flooding Case
In a significant and long‑awaited decision for property owners affected by government‑induced flooding, the U.S. Court of Appeals for the Federal Circuit has affirmed that the federal government is constitutionally required to compensate upstream landowners whose...
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 held that Walton County, Florida effected a compensable physical taking when it barred beachfront landowners from...
Ninth Circuit Finds Property Rights in Unemployment Benefits
Ninth Circuit Finds Property Rights in Unemployment Benefits When the COVID-19 pandemic swept through the United States in early 2020, millions of Americans suddenly found themselves out of work. To cushion the blow, Congress passed the CARES Act, which created the...
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.