JD Supra

Tenth Circuit Revives Takings Claims for Public Use of Property Held Under the State’s Unclaimed Property Act

In a decision that may reshape how states administer their unclaimed property statutes, the Tenth Circuit held that property owners can pursue takings claims against the Colorado State Treasurer ...
Reason

Federal Appeals Court Rules Takings Clause Creates Cause of Action Even Without Additional Federal or State Legislation

A horse is a horse, of course, of course…. unless the horse is the focus of a major takings case, in which a federal court will generate over 100 pages of opinions regarding whether the owner can sue ...
Law

The Relevance of Pretextual Motives in Takings Clause Challenges

Analysis The Relevance of Pretextual Motives in Takings Clause Challenges In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged ...
Reason

Covid Beach Closures, the Takings Clause, and the Police Power Exception

Co-blogger Jonathan Adler recently posted about Alford v. Walton County, an important new 11th Circuit ruling holding that a local ordinance barring property owners from accessing their beachfront ...