Why Government Contract Terms Matter
The North American Landscaping, Construction and Dredge Company contracted with the U.S. Army Corps of Engineers to maintain the dredging of a creek in Virginia. The Corps was to pay North American based on the quantity of material it removed from the creek bed. The...
Taking Discovery Disputes to Court
On March 31, 1992, Mingo Logan and United Affiliates entered into a lease, which allowed Mingo Logan to operate a coal mine (known as Spruce No. 1) in West Virginia. In 2007, the U.S. Army Corps of Engineers issued a Section 404 wetland permit to Mingo Logan. Under...
Just Lemons—No Lemonade
Lemon Bay, LLC, acquired 5.64 acres of land on Sandpiper Key in Charlotte County, Florida. The parcel consisted of submerged areas, high-quality-forested-mangrove wetlands, and small upland regions. Lemon Bay intended to construct a 12-unit, single-family townhome...
You Can Take That to the Bank
In the National Trails System Act, Congress authorized railway companies and state and local governments to enter into agreements to transform unused (“banked”) railway lines into recreational trails. Congress vested exclusive authority to approve these...
Security, but at what price?
In 2002, SecurityPoint Holdings, Inc. offered to allow the Transportation Security Administration (TSA) to use its patented system of trays and carts for security screenings in exchange for the right to sell advertising on the trays. TSA understood that there would be...
Your Guide on How to Protect Your Rights in Regulatory 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.