Render unto the Corps What is Due for the Caesar Creek Project
In 1970, the United States Army Corps of Engineers and the Ohio Department of Natural Resources entered into a flood control and water supply contract for the Caesar Creek Project, which is located at a tributary of the Little Miami River in Ohio. The Caesar Creek...
Taking of Water Rights: The Fifth Amendment’s Wild Horse Ride
During the summer of 2017, a herd of roaming wild horses set about foraging and drinking water on land owned by Bench Creek Ranch, LLC, in Washoe County, Nevada. The Bureau of Land Management rebuffed the Ranch owners’ attempts to be paid for the water consumed by the...
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...
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.