Good Questions to Know the Answers To in a Taking Case: How Much Property Was Taken and When?
It was late August in 2017 when Hurricane Harvey dumped record amounts of rainfall on Houston. Water impounded in the Addicks and Barker Reservoirs crested at record pool elevations of 101.6 feet in Barker and 109.1 feet in Addicks on August 30, 2017. The U.S. Court...
Nancie Marzulla Talks Takings Law at Dallas Love Field on Eminent Domain Podcast
Recently, Nancie Marzulla was a guest on the Eminent Domain podcast, a podcast that focuses – of course! – on eminent domain and condemnation law. It is hosted by Clint Schumacher. The topic of our discussion? Federal taking litigation at Dallas’...
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...
Government Profits Sweep Challenge Off to Federal Circuit
Fairholme Funds, Inc. v. United States is the lead case of more than a dozen suits filed by shareholders of Freddie and Fannie stock alleging Fifth Amendment taking without just compensation and illegal exaction of an estimated $124 billion over the amounts originally...
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.