Federal Takings Claims

Marzulla Law pioneered federal 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:

Sample Takings Claims Cases

  • As court-appointed class counsel, represented several landowner classes in various inverse condemnation claims against the United States for taking of property without just compensation.
  • Represented landowners who were wrongly denied access to their property over federal (Forest Service) land.
  • Represented landowners whose property was taken to protect endangered species.
  • Represented water districts in California and Oregon whose water supplies were cut off or diminished to benefit various fish species.
  • Represented Chrysler dealers whose franchises were terminated by the government as a condition of Chrysler’s reorganization during the 2007-2008 financial crisis.
  • Represented an investment trust whose airport and long-term lease at Love Field, Dallas were taken by federal legislation without just compensation.
  • Represented the State of Florida in claim that the State had taken the owner’s offshore oil concession.
  • Represented a landowner in the government’s improper claim of title to land which resulted in a taking and loss of ability to commercially develop the land.
  • Represented a landowner in a claim that the Border Patrol’s installation of seismic sensors on the plaintiff’s industrial land was a taking that required just compensation.
  • Represented riparian owners in a claim that the government pollution of a river was a taking of their property.
  • Represented numerous landowners in claims that government action was a physical taking for which just compensation was required.
  • Represented landowners in claims that government CERCLA activities were a taking of their property, entitling them to damages.

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A Takings Law Primer

Has the government claimed your property? It may be that you need a takings lawyer to represent you.

Before you take that step, click here to read our Federal Takings Law Primer: A Guide on How to Protect Your Rights in Regulatory Takings and Inverse Condemnation Actions.

In this primer, Marzulla Law explains your options if your property has been claimed via a regulatory taking or inverse condemnation and suggests three initial steps you can take to protect yourself.