Takings, Police Power, and Recent Supreme Court Property Rights Decision
2023 has been a good year for property rights. In May, the Supreme Court held that a Minnesota statute that allowed a local government, Hennepin County, to retain the surplus proceeds from a tax sale violated the Just Compensation Clause. The petitioner, 94-year-old...
In a Single Day Supreme Court Issues Two Big Property Rights Decisions
The Supreme Court has just issued two major decisions in cases signaling this Court’s strong backing of property rights: Tyler v. Hennenpin County, Minnesota, No. 22-166, and Sackett v. Environmental Protection Agency, No. 21-454. Nancie Marzulla worked with the...
Nancie Marzulla Takes on Home Equity Theft in Federalist Society Webinar on SCOTUS Takings Case
On April 17, 2023, I was pleased to participate in a Federalist Society webinar on Tyler v. Hennepin County, a case involving what has been dubbed “home equity theft.” The case will be argued before the Supreme Court on April 26, 2023. The argument promises to...
Marzulla Law Partners with the Atlantic Legal Foundation to Urge Supreme Court to Respect Private Property Rights
In a case scheduled for oral argument for April 26, 2023, the U.S. Supreme Court will consider a ruling allowing the state to confiscate surplus equity obtained through a forced tax sale of privately owned property. Marzulla Law’s Nancie Marzulla worked with...
Bankruptcy Trustee Allowed to Sue State for a Taking in Bankruptcy Proceeding
Venoco, LLC operated a drilling rig off the coast of Santa Barbara, California. Following a pipeline rupture in 2015, Venoco could not get its oil and gas to the market, and ultimately was forced to file for Chapter 11 bankruptcy in 2017. At first, the California...
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.