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: 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 alleged 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…  

For more information, please Contact Us.

About Us

Marzulla Law, LLC is among the nation’s leading law firms for litigating money damages claims in the U.S. Court of Federal Claims and in the Federal Circuit Court of Appeals. We represent commercial property owners, developers, water districts, Indian tribes, and business owners in eminent domain, contract claims, and breach of trust claims. We also represent clients in a broad array of environmental and natural resources cases, such as environmental enforcement actions, and regulation of natural resources and the environment in federal district courts and courts of appeal.

ML can represent you in the federal courts, notably the U.S. Court of Federal Claims, the Federal Circuit Court of Appeals, and the district court of the District of Columbia, as well as other federal district courts, appellate courts, and the U.S. Supreme Court. ML also represents clients in administrative agencies, such as the District of Columbia Office of Administrative Hearings or the Interior Board of Indian Appeals.

Chambers has recognized Marzulla Law as one of the top ten water rights litigation firms in the country for takings litigation involving the application of the Endangered Species Act and water rights of agricultural water users and water districts. The U.S. News & World Report ranked Marzulla Law as Tier One in Environmental Litigation and the Lawyers World Awards named Marzulla Law the Environmental Law Firm of the Year in 2011. Marzulla Law is a member of the International Network of Boutique Law Firms.

Nancie and Roger Marzulla are both listed in Best Lawyers for environmental litigation and were named in the Washington Post list of Top Attorneys in Washington DC and Baltimore.

Our history is on your side.

The Marzulla Law team brings to bear decades of experience to solving your legal problems, no matter how complex. Experience in litigating lawsuits against and on behalf of the federal government in a variety of contexts (takings claims, contract claims, breach of trust claims, and a wide array of environmental claims) at the U.S. Department of Justice, private practice in law firms, and non-profit organizations.

We can handle matters involving litigation and disputes with a variety federal agencies including:

  • Department of Justice
  • Department of Interior
  • Department of Transportation
  • Department of Commerce
  • Bureau of Reclamation
  • Bureau of Indian Affairs
  • Environmental Protection Agency
  • Interior Board of Land and Indian Appeals
  • Fish and Wildlife Service
  • National Marine Fisheries Service
  • Forest Service
  • Department of Housing and Urban Development
  • Army Corps of Engineers
  • National Park Service
  • Department of Defense (including the U.S. Navy, Army, and the Air Force)
  • U.S. Department of Veterans Affairs
  • Customs and Border Protection

We have also handle cases involving every major federal environmental statute on the books:

  • Clean Water Act (including wetlands)
  • Endangered Species Act
  • National Environmental Policy Act (NEPA)
  • CERCLA (Superfund) Resource Conservation and Recovery Act (RCRA)
  • Oil Pollution Act (OPA)
  • Clean Air Act
  • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
  • Toxic Substances Control Act (TSCA)
  • Federal Land and Policy Management Act (FLPMA)
  • Coastal Zone Management Act (CZM)
  • Rivers and Harbors Act
  • National Emissions Standards for Hazardous Air Pollutants (NESHAP)
  • Safe Drinking Water Act
  • Migratory Bird Treaty Act

Roger Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned firsthand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. Read More »

Nancie Marzulla is a founding partner of Marzulla Law, LLC, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, and the Supreme Court. Nancie also represents clients in enforcement or permitting disputes with federal regulatory agencies. Read More »