Fishing Rights Under Magnuson-Stevens Act Are Not Constitutionally Protected
Until 2014, Fisherman’s Finest Holdings, Inc. and a collection of related Washington State companies owned two fishing vessels, American No. 1 and U.S. Intrepid, both of which had the necessary entitlements, endorsements, permits, and approvals under the...
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...
Just Compensation Requirement for Property Taking Is Not Dischargeable in Bankruptcy
On July 18, 2022, First Circuit Judge Kayatta, appointed to the bench in 2013 by President Obama, issued a robust rejection of the Puerto Rico Financial Oversight and Management Board’s argument, supported by the U.S. Justice Department, that it could discharge...
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.