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...
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...
Procedural Trap for the Unwary Taking Litigant
Few procedural rules facing litigants in the U.S. Court of Federal Claims are as badly maligned as 28 U.S.C. § 1500. Referred to simply as “Section 1500” by seasoned practitioners, the provision has been called “outdated and ill-conceived,” “an anachronism,” and “an...
The Appalachian Trail to the Supreme Court
On June 15, 2020 the Supreme Court held that traditional property law and statutory language combine to make the Appalachian Trail, maintained by the National Park Service, a Congressionally granted right to use Forest Service land—removing a major obstacle to 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.