Whether a failure by government to provide Mullane notice, Nollan/Dolan burden-shifting protections, and/or Lucas/First English just compensation are 'ongoing violations' that cannot be time-barred by statutes of limitations

QUESTIONS PRESENTED Government bears the burden to establish the essential nexus of rough proportionality to exact private property for grant of entitlements per Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994); and pay just compensation for taking property per Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), and First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304 (1987). Due process requires notice and opportunity of a hearing prior to deprivation of life, liberty, or property per Mullane v. Central Hanover Trust Co., 339 U.S. 306 (1950). But based on the Ninth Circuit’s rulings on review, any government entity can evade required Nollan/Dolan protections to take property without paying just compensation by failing to provide notice per Mullane. Government invokes statues of limitations to evade liability, even though their violations of federal, state and/or local law are ongoing. Just days prior to the Ninth Circuit’s denial of rehearing this matter, the Tenth Circuit determined in M.A.K. Investment Group, LLC v. City of Glendale, 889 F.3d 1178 (10th Cir. 2018), no matter if a property owner “‘should have been more diligent,’ that fact [or presumption] ‘does not excuse the government from complying with its : constitutional obligation of notice [per Mullane]’” before taking private property, regardless of published statutes of limitations. M.A.K., 889 F.3d at 1182, 1186 (quoting Jones v. Flowers, 547 U.S. 220, 232, 234 (2006)). Other circuits also enforce pre-deprivation notice requirements. See, e.g., Brody v. Vill. of Port Chester, 484 F.3d 121, 182 (2d Cir. 2005) (concluding due process requires condemnors to give as much notice practicable to inform affected property owners of proceedings that threaten to deprive owners of property interests). The questions presented are: ; i 1) Whether a failure by government to provide Mullane notice, Nollan/ Dolan burden-shifting protections, and/or Lucas/First English just compensation are “ongoing violations” that cannot be time-barred by statutes of limitations. 2) Whether government must-pay-just compensation for a judicial takings per the Takings Clause in the Fifth Amendment, and as applied to the States per the Fourteenth Amendment, as conferred in Stop the Beach Renourishment, Inc. v. Fla. Dep't of Envtl Protection, 560 U.S. 702, 715, 1380 S. Ct. 2592, 2602 (2010): “In sum, the Takings Clause bars [government] from taking private property without paying for it, no matter which branch is the instrument of the taking. ... If a legislature or a court declares that what was once an established right of private property no longer : exists, it has taken that property, no less than if the [government] had physically appropriated it or destroyed its value by regulation.” (emphasis in original) ii :