physical-occupation

5 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-486 William B. Walton, et al. v. Neskowin Regional Sanitary Authority Oregon 2024-10-30 Denied Response Waived fifth-amendment just-compensation physical-occupation property-rights statute-of-limitations takings-clause Whether a Constitutional Fifth Amendment Takings Claim, based on a physical occupation, fully accrues and the statute of limitations begins to run bef…
24A58 William B. Walton, et al. v. Neskowin Regional Sanitary Authority Oregon 2024-07-17 Presumed Complete fifth-amendment just-compensation physical-occupation property-rights statute-of-limitations takings-clause Whether a physical taking of private property occurs when a government entity physically occupies land with the owner's initial consent but later beco…
22-739 David Kagan, et al. v. City of Los Angeles, California, et al. Ninth Circuit 2023-02-07 Denied Amici (3)Response RequestedResponse WaivedRelisted (3) constitutional-law due-process eminent-domain eviction physical-occupation physical-taking property-rights rent-control rent-stabilization takings tenant-protection Whether a law that bars termination of a tenancy, and compels the occupation of property by an unwanted tenant, amounts to a per se, physical taking
21-66 PBS Coals, Inc., et al. v. Pennsylvania Department of Transportation Pennsylvania 2021-07-19 Denied Response Waived 14th-amendment 5th-amendment coal constitutional-law equal-protection physical-occupation property-rights real-estate subsurface-estate takings takings-clause When a State Agency permanently physically occupies a right-of-way and thereby completely blocks physical access to a subsurface owner's recognized, t…
19-150 Lynn Lumbard, et al. v. City of Ann Arbor, Michigan Sixth Circuit 2019-08-01 Denied Response Waived 42-usc-1983 5th-amendment federal-court-review fifth-amendment just-compensation loretto-v-teleprompter permanent-physical-occupation physical-occupation san-remo-hotel state-court-exhaustion takings takings-claim takings-clause Whether Petitioners' Takings Clause claim should be reinstated