No. 25-931

BAS, LLC v. Tommy Land, in His Official Capacity as Commissioner of State Lands for the State of Arkansas

Lower Court: Arkansas
Docketed: 2026-02-06
Status: Pending
Type: Paid
Experienced Counsel
Tags: fifth-amendment fourteenth-amendment just-compensation property-rights sovereign-immunity takings-clause
Key Terms:
DueProcess FifthAmendment Takings Privacy JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Does a state's Fifth and Fourteenth Amendment obligation to pay just compensation waive sovereign immunity when it takes private property?

Question Presented (from Petition)

To collect an unpaid $9,897.88 property tax bill, the Arkansas Commissioner of State Lands foreclosed and auctioned an office building and land owned by BAS worth over $1,500,000. To avoid violating the Fifth Amendment for an unconstitutional taking, the Commissioner was obligated to return the equity to BAS. Tyler v. Hennepin County , 598 U.S. 631 (2023). When the Commissioner did not do so, BAS sued in an Arkansas court for a de facto taking. The Arkansas Supreme Court, however, categorically barred BAS’s federal takings claim because the Commissioner had not waived sovereign immunity under the Arkansas Constitution. The question presented is: Does a state’s Fifth and Fourteenth Amendment obligation to pay just compensation waive sovereign immunity when it takes private property?

Docket Entries

2026-02-02
Petition for a writ of certiorari filed. (Response due March 9, 2026)
2025-11-13
Application (25A554) granted by Justice Kavanaugh extending the time to file until February 1, 2026.
2025-11-10
Application (25A554) to extend the time to file a petition for a writ of certiorari from December 3, 2025 to February 1, 2026, submitted to Justice Kavanaugh.

Attorneys

BAS, LLC
Robert H. ThomasPacific Legal Foundation, Petitioner
Robert H. ThomasPacific Legal Foundation, Petitioner