Takings Claims

Marzulla Law pioneered takings litigation in the U.S. Court of Federal Claims and today is the recognized leader in takings litigation. Marzulla Law represents a wide array of interests in takings litigation, including landowners, business interests, developers, water districts and agricultural water users, and corporate interests. Federal takings claims occur when a government action or public project takes private property without payment of just compensation as required by the 5th Amendment of the Constitution. The taking of property can be physical or it can be a regulatory taking.

Marzulla Law has successfully represented a wide variety of takings claims for many clients. Our creative problem-solving skills and commitment to achieving the best results for our clients have proven to be successful for many clients. Here are sample case studies involving takings claims:

  • Tulare Lake Basin Water Storage Dist. v. United States, 61 Fed. Cl. 624 (2004). This particular case resulted in a $27 Million Judgment for Taking of Water Rights. Marzulla Law successfully represented a group of California water districts in a claim for the unconstitutional taking of their water rights. The court awarded $27 million in damages and attorney’s fees. Information on the case is available online, including the opinion and a report written by Roger Marzulla.
  • Love Terminal Partners v. United States — Love Terminal Partners and Virginia Aerospace (the Plaintiffs) had been long-term leaseholders of property at Dallas Love Field Airport. In their complaint, filed in the United States Court of Federal Claims, the plaintiffs allege that the federal government, through the enactment of the Wright Amendment Reform Act of 2006, prohibited the use of their property, thereby destroying all economic value of their lease and effecting a taking without just compensation. READ MORE…
  • Alley’s of Kingsport, Inc. v. United States: In 2009, 789 Chrysler automobile dealerships were forced to close after the federal government determined that Chrysler would be more financially healthy with a smaller dealership network. Shortly after the termination of the franchise agreements, Marzulla Law represented 75 of the terminated Chrysler dealership owners, seeking monetary relief for their business losses. READ MORE…  

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