Whether a court order that excludes landowners from their real property and allows other private parties to permanently physically invade and occupy the owners' land without compensation either effects a taking in violation of the Fifth Amendment to the U.S. Constitution or violates the landowners' due process rights under the Fourteenth Amendment to the U.S. Constitution?

QUESTIONS PRESENTED 1. Whether a court order that excludes landowners from their real property and allows other private parties to permanently physically invade and occupy the owners’ land without compensation either effects a taking in violation of the Fifth Amendment to the U.S. Constitution or violates the landowners’ due process rights under the Fourteenth Amendment to the U.S. Constitution? 2. Whether the newly decreed judicial doctrine of “Smplied exclusive easement,” which excludes Landowners from their real property and appropriates (without compensation) a right to permanently physically invade and occupy Landowners’ property for the enjoyment of third parties either effects a per se taking in violation of the Fifth Amendment to the U.S. Constitution or violates Landowners’ due process rights under the Fourteenth Amendment to the U.S. Constitution?