Tatana Spicakova Romero, et vir v. Li-Chuan Shih, et al.
DueProcess FifthAmendment Takings
Whether a court order that excludes land owners from their real property and allows other private parties to physically invade and occupy the owners' land either effects a taking in violation of the Fifth Amendment to the U.S. Constitution and/or violates the land owners' due process rights under the Fourteenth Amendment to the U.S. Constitution?
QUESTIONS PRESENTED 1. Whether a court order that excludes land owners from their real property and allows other private parties to physically invade and occupy the owners’ land either effects a taking in violation of the Fifth Amendment to the U.S. Constitution and/or violates the land owners’ due process rights under the Fourteenth Amendment to the U.S. Constitution? 2. Whether a judicially created “equitable” doctrine that gives Landowner A the exclusive use of Landowner B’s property under the guise of an “easement” either effects a taking in violation of the Fifth Amendment to the U.S. Constitution and/or violates Landowner B’s due process rights under the Fourteenth Amendment to the U.S. Constitution?