government-taking

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-203 Johanna McGee, as Personal Representative of the Estate of Jacqueline McGee, et al. v. Alger County Treasurer, et al. Michigan 2025-08-19 Rehearing Amici (4)Response RequestedResponse WaivedRelisted (4) claims-process due-process government-taking just-compensation property-rights takings-clause When government takes and sells private property to collect a tax debt, it must return the surplus proceeds from the sale to the former property owner…
24-815 Franciscan Alliance, Inc., et al. v. Indiana Indiana 2025-01-31 Denied Response Waived constitutional-law eminent-domain government-taking just-compensation land-use property-rights When the government undisputedly takes a real property right, is a landowner entitled to just compensation from the imposition of a project as a whole…
24-775 Southern California Edison Company, et al. v. Orange County Transportation Authority Ninth Circuit 2025-01-22 Denied Amici (1)Response Waived fifth-amendment government-taking just-compensation public-transit takings-clause utility-relocation Whether the Fifth Amendment's Takings Clause guarantees just compensation when the government forces a privately owned utility to relocate its facilit…
24-331 CBS MN Properties, LLC v. Hennepin County, Minnesota Minnesota 2024-09-24 Denied Response Waived eminent-domain fifth-amendment government-taking just-compensation property-rights real-property A county unquestionably used real property that denied access to private property and allowed the private property owner to restore the denied access …
23A805 Merrick B. Garland, Attorney General, et al. v. Valancourt Books, LLC District of Columbia 2024-03-01 Presumed Complete copyright-deposit copyright-protection fifth-amendment government-taking just-compensation library-of-congress Question not identified.
23-707 Yossi Govrin, et al. v. City of Santa Monica, California, et al. California 2023-12-29 Denied Response Waived civil-procedure civil-rights constitutional-rights due-process equitable-tolling estoppel government-taking property-rights standing substantive-due-process takings Whether a party with close ties to the government should be allowed to proceed with litigating its claims based on equitable tolling and/or estoppel g…
22-100 Fairholme Funds, Inc., et al. v. United States, et al. Federal Circuit 2022-08-02 Denied due-process government-taking just-compensation property-rights public-benefit shareholder-rights shareholders-rights standing takings-clause 1. If the United States causes a company to transfer to the United States for the public benefit private shareholders' rights incident to their owners…
22-99 Andrew T. Barrett v. United States, et al. Federal Circuit 2022-08-02 Denied circuit-split due-process fannie-mae fifth-amendment freddie-mac government-expropriation government-taking net-worth-sweep property-rights statutory-interpretation takings In 2012, the Government expropriated the net worth of private companies, Fannie Mae and Freddie Mac, by arrogating for itself the Companies' earnings …
22-98 Joseph Cacciapalle v. United States, et al. Federal Circuit 2022-08-02 Denied dividend-appropriation fannie-mae federal-circuit freddie-mac government-taking property-rights shareholder-interests shareholder-rights takings takings-clause In September 2008, the Federal Housing Finance Agency ("FHFA") placed Fannie Mae and Freddie Mac into conservatorship, and on behalf of each entity en…
22-53 Aaron G. Filler, et al. v. United States Federal Circuit 2022-07-20 Denied Response Waived assignment-of-claims assignment-of-claims-act civil-procedure fifth-amendment government-taking just-compensation patent patent-infringement patent-rights takings For a Patent infringed by the United States, where Patent rights are divided between two related parties – one having the right to sue and the other h…
22-52 Ariyan Incorporated, dba Discount Corner, et al. v. Sewerage & Water Board of New Orleans, et al. Fifth Circuit 2022-07-20 Denied Amici (5)Response RequestedResponse WaivedRelisted (2) 14th-amendment 5th-amendment due-process eminent-domain fifth-amendment fourteenth-amendment government-taking inverse-condemnation just-compensation property-rights takings A fundamental element of just compensation is "certain payment of the compensation without unreasonable delay." Bragg v. Weaver, 251 U.S. 57, 62 (1919…
21-249 Probir Kumar Bondyopadhyay v. United States Federal Circuit 2021-08-20 Denied Response Waived civil-rights constitutional-claim due-process federal-claims government-taking invention-compensation national-defense patent patent-rights standing takings The question before the Honorable U.S. Supreme Court is on the recognition and affirmation of the Jeffersonian claim of an original creature of the U.…
20-806 Mary Swartzlander v. United States Federal Circuit 2020-12-14 Denied Response Waived accrual erosion flooding flooding-event government-action government-taking land-erosion limitations-period property-rights statute-of-limitations takings When does a taking claim accrue against the government based on erosion caused by government action, where the erosion for many years was present only…
20-5532 Larry Golden v. United States Federal Circuit 2020-08-27 Denied Response WaivedRelisted (3)IFP administrative-review fifth-amendment government-taking government-use implied-in-fact-contract intellectual-property just-compensation takings If the Government: on the Executive level accepts a person's intellectual property, passes it on to a government agency to be used with the public wit…
19-1335 Timothy James Dummer v. California Contractors State License Board, et al. California 2020-06-03 Denied Response WaivedRelisted (2) administrative-law certified-mail due-process government-taking hearing mail-service notice procedural-rights tax-notice tax-notices In 1970, this Court ruled in Goldberg v. Kelly, 397 U.S. 254, that due process requires proper notice and a hearing before a professional license may …
19-1123 Leo Lech, et al. v. Chief John A. Jackson, et al. Tenth Circuit 2020-03-16 Denied Amici (3) 5th-amendment civil-rights due-process eminent-domain fifth-amendment government-taking just-compensation police-power property-rights takings Using explosives and a battering ram attached to an armored personnel carrier, the Greenwood Village Police Department intentionally destroyed Petitio…
19-607 Woodcrest Homes, Inc. v. Carousel Farms Metropolitan District Colorado 2019-11-12 Denied Amici (1) 5th-amendment constitutional-interpretation due-process eminent-domain fifth-amendment government-taking private-benefit property-rights public-use takings Is the Fifth Amendment's restriction of eminent domain to "public use[s]" satisfied even if a condemnation is undertaken "for the purpose of conferrin…
19-258 Richard Lewis Katzin, et al. v. United States Federal Circuit 2019-08-28 Denied Response Waived 5th-amendment deed-dispute due-process fifth-amendment government-action government-taking just-compensation land-ownership property-rights remand takings takings-clause title-claim unsalable-property 1. Whether the Government can claim title to privately owned land and actively work to make that property unsaleable, without triggering the Fifth Ame…