takings-clause
210 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-958 | George Sheetz v. County of El Dorado, California | California | 2026-02-11 | Pending | development-exaction impact-fee legislative-process permit-conditions rough-proportionality takings-clause | Does the Takings Clause's protection against unconstitutional permit conditions encompass an evidentiary requirement by which the government must demo… | |
| 25A896 | Homewood Associates Inc., et al. v. Unified Government of Athens-Clarke County, Georgia | Georgia | 2026-02-06 | Application | constitutional-challenge land-use-restriction municipal-ordinance property-rights regulatory-taking takings-clause | Whether a municipal ordinance imposing land-use restrictions constitutes a regulatory taking under the Takings Clause in light of the Supreme Court's … | |
| 25-931 | BAS, LLC v. Tommy Land, in His Official Capacity as Commissioner of State Lands for the State of Arkansas | Arkansas | 2026-02-06 | Pending | fifth-amendment fourteenth-amendment just-compensation property-rights sovereign-immunity takings-clause | Does a state's Fifth and Fourteenth Amendment obligation to pay just compensation waive sovereign immunity when it takes private property? | |
| 25-856 | William King, Individually and on Behalf of Others Similarly Situated as a Class, et al. v. United States | Federal Circuit | 2026-01-20 | Pending | government-authorization monetary-rights pension-appropriation property-interest takings-clause vested-pension | Under the Takings Clause, does a per se rule apply when a government authorizes one private party to appropriate another party's vested right to payme… | |
| 25-6579 | Robert Keaton v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2026-01-14 | Pending | Response WaivedIFP | appellate-procedure certificate-of-appealability fifth-amendment fourteenth-amendment habeas-corpus takings-clause | Whether an accused's rights under the Takings Clause of the Fifth and Fourteenth Amendment are offended when a United States Court of Appeals denies a… |
| 25A806 | Pharmaceutical Research and Manufacturers of America v. Sean O'Day, in His Official Capacity as Director of the Oregon Department of Consumer and Business Services | Ninth Circuit | 2026-01-12 | Application | compelled-speech first-amendment intermediate-scrutiny pharmaceutical-regulation takings-clause trade-secrets | Whether a state law requiring pharmaceutical manufacturers to disclose confidential trade secrets and create narrative justifications for drug pricing… | |
| 25A795 | Amy Hadley v. City of South Bend, Indiana, et al. | Seventh Circuit | 2026-01-08 | Application | fifth-amendment just-compensation law-enforcement police-power property-damage takings-clause | Whether the Takings Clause requires compensation when government damages private property during law enforcement actions under its police power | |
| 25-751 | Bristol Myers Squibb Company v. Robert F. Kennedy, Secretary of Health and Human Services, et al. | Third Circuit | 2025-12-23 | Pending | Amici (1) | constitutional-rights drug-pricing first-amendment government-compulsion medicare-negotiation takings-clause | Whether the Medicare Drug Price Negotiation Program violates the Fifth Amendment's Takings Clause and First Amendment by compelling manufacturers to s… |
| 25-694 | Jeffrey Lance Hill, Sr. v. Leandra G. Johnson, et al. | Eleventh Circuit | 2025-12-15 | Pending | Response Waived | judicial-immunity just-compensation permitting-monopoly property-rights res-judicata takings-clause | Whether the Eleventh Circuit's opinion citing res judicata allows the government to overextend and leverage its permitting monopoly to take private pr… |
| 25-6299 | Peter Joseph Polinski v. United States | Federal Circuit | 2025-12-05 | Denied | Response WaivedIFP | bonded-bill-of-exchange commercial-surety federal-claims state-treasurer takings-clause tucker-act | Whether the United States is liable under the Tucker Act and the Fifth Amendment's Takings Clause when a State Treasurer refuses to discharge lawful o… |
| 25-6298 | Peter Joseph Polinski v. United States | Federal Circuit | 2025-12-05 | Denied | Response WaivedIFP | constitutional-injury federal-claims-court fifth-amendment subject-matter-jurisdiction takings-clause tucker-act | Whether the United States Court of Federal Claims erred in dismissing Polinski v. United States for lack of subject matter jurisdiction despite consti… |
| 25A628 | Operating Engineers Trust Fund of Washington, D.C., et al. v. United States | Federal Circuit | 2025-12-01 | Application | fifth-amendment government-program property-interest reinsurance-fund takings-clause trust-requirement | Whether a government program that requires group health plans to pay into a reinsurance fund without receiving any benefits constitutes a taking under… | |
| 25A554 | BAS, LLC v. Tommy Land, in His Official Capacity as Commissioner of State Lands for the State of Arkansas | Arkansas | 2025-11-13 | Application | civil-rights fifth-amendment just-compensation property-rights sovereign-immunity takings-clause | Whether states can assert sovereign immunity to bar federal civil rights claims seeking just compensation for a taking of private property under the F… | |
| 25A514 | Janssen Pharmaceuticals, Inc. v. Robert F. Kennedy, Secretary of Health and Human Services, et al. | Third Circuit | 2025-11-04 | Application | compelled-speech fifth-amendment first-amendment government-coercion medicare-drug-negotiation takings-clause | Whether the Medicare Drug Price Negotiation Program's mandatory price negotiations and severe financial penalties for non-compliance constitute an unc… | |
| 25A507 | William King, on Behalf of Himself and on Behalf of a Class of Others Similarly Situated, et al. v. United States | Federal Circuit | 2025-11-04 | Application | contractual-right fifth-amendment government-appropriation per-se-taking property-interest takings-clause | Whether the Fifth Amendment's Takings Clause requires a per se taking analysis when a government action impairs a contractual right to draw on a pool … | |
| 25-539 | Johnathan H. Dinh, et al. v. United States | Federal Circuit | 2025-11-03 | Denied | Amici (1)Response Waived | fifth-amendment government-liability just-compensation property-rights takings-clause third-party-taking | Can Congress insulate itself from Fifth Amendment takings liability by creating a separate, third-party entity and authorizing that entity to 'indepen… |
| 25A459 | Jeffrey Lance Hill, Sr. v. Leandra G. Johnson, et al. | Eleventh Circuit | 2025-10-22 | Application | fifth-amendment judicial-taking just-compensation permitting-authority property-rights takings-clause | Whether a state court's judicial decree constitutes a taking under the Fifth Amendment's Takings Clause when the government leverages its permitting a… | |
| 25-487 | Lynette Hathon, et al. v. Michigan | Michigan | 2025-10-20 | Pending | Response RequestedResponse WaivedRelisted (2) | fifth-amendment inverse-condemnation just-compensation property-rights state-liability takings-clause | Whether the Takings Clause of the Fifth Amendment is a self-executing stand-alone claim that permits property owners to sue a State directly for just … |
| 25-451 | Faytima Howard v. Macomb County, Michigan | Sixth Circuit | 2025-10-15 | Rehearing | Relisted (2) | constitutional-challenge just-compensation property-rights state-procedure takings-clause tax-foreclosure | Does the government violate the Takings Clause's 'categorical duty' to pay just compensation for property taken in excess of taxes by enacting a proce… |
| 25A357 | Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services, et al. | Second Circuit | 2025-09-29 | Presumed Complete | compelled-speech fifth-amendment first-amendment medicare-drug-negotiation price-setting takings-clause | Whether the Medicare Drug Price Negotiation Program's compulsory participation and price-setting mechanism constitutes an unconstitutional taking or c… | |
| 25-278 | Jeffrey Lance Hill, Sr. v. Suwannee River Water Management District | Florida | 2025-09-10 | Denied | Response Waived | administrative-law due-process eminent-domain government-overreach property-rights takings-clause | Whether the government violated the Takings Clause and Due Process Clause by leveraging a permitting monopoly to foreclose on private property |
| 25-266 | City of Fresno, California, et al. v. United States, et al. | Federal Circuit | 2025-09-09 | Denied | Amici (1)Response Waived | drought-impact fifth-amendment property-rights reclamation-act takings-clause water-rights | Whether the beneficial users of Reclamation Project irrigation water have compensable water-property rights under the Fifth Amendment and whether Recl… |
| 25-265 | Alexander Gallo v. District of Columbia | District of Columbia | 2025-09-09 | Denied | Response Waived | contracts-clause eviction-moratorium lucas-test penn-central-test property-rights takings-clause | Whether an eviction moratorium is a physical taking or appropriation of property, whether the challenge states a claim under Lucas or Penn Central, wh… |
| 25A228 | United States v. Darby Development Company, Inc., et al. | Federal Circuit | 2025-08-28 | Presumed Complete | administrative-agency fifth-amendment government-action regulatory-taking statutory-authority takings-clause | Whether an administrative agency's unauthorized regulatory action that exceeds its statutory authority can constitute a compensable taking under the F… | |
| 25-224 | Bernard Gelb v. Preston Niblack, Individually and as Commissioner of the New York City Department of Finance, et al. | Second Circuit | 2025-08-26 | Denied | due-process fourteenth-amendment notice-requirement property-rights takings-clause unclaimed-funds | Did the Respondents taking $500 million dollars without sending any notice to the Owners violate the Due Process Clause of the Fourteenth Amendment an… | |
| 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 | Does Michigan's claims process for tax debt property sales violate the Takings and Due Process Clauses and should Nelson v. City of New York be overru… |
| 25-198 | Virginia Duncan, et al. v. Rob Bonta, Attorney General of California | Ninth Circuit | 2025-08-19 | Pending | Amici (6)Relisted (7) | ammunition-ban common-use firearms-regulation property-rights second-amendment takings-clause | Whether a ban on commonly owned ammunition feeding devices violates the Second Amendment and whether dispossessing citizens of lawfully acquired prope… |
| 25A193 | Richard E. Warner, as Co-Personal Representatives of the Estate of Joseph Ardolino, II, et al. v. City of Marathon, Florida, et al. | Eleventh Circuit | 2025-08-18 | Presumed Complete | fifth-amendment property-rights ripeness-doctrine supreme-court-precedent takings-clause williamson-county | Whether the Takings Clause of the Fifth Amendment permits a plaintiff to pursue a property rights claim after the Supreme Court's modification of the … | |
| 25-155 | Gennady Y. Paremsky v. Ingham County, Michigan, et al. | Michigan | 2025-08-08 | Denied | Response Waived | compensation-rights constitutional-violations contract-impairment due-process equal-protection takings-clause | Whether Michigan county officials violated the Takings Clause, Due Process, and Equal Protection Clauses by removing an employee's earned compensation… |
| 25A139 | Faytima Howard v. Macomb County, Michigan | Sixth Circuit | 2025-08-04 | Presumed Complete | fifth-amendment just-compensation property-rights surplus-proceeds takings-clause tax-foreclosure | Whether the government violates the Takings Clause of the Fifth Amendment when it retains surplus proceeds from a tax foreclosure sale beyond the amou… | |
| 25A133 | Lynette Hathon, et al. v. Michigan | Michigan | 2025-08-01 | Presumed Complete | fifth-amendment just-compensation property-rights sovereign-immunity state-remedies takings-clause | Whether property owners have a direct cause of action under the Takings Clause of the Fifth Amendment when state remedies are inadequate or unavailabl… | |
| 25-95 | Michael Pung, Personal Representative of the Estate of Timothy Scott Pung v. Isabella County, Michigan | Sixth Circuit | 2025-07-24 | Granted | Amici (26) | excessive-fine fair-market-value fifth-amendment government-seizure property-rights takings-clause | Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of the… |
| 25-74 | Sullivan Equity Partners, LLC, a Delaware Limited Liability Company v. City of Los Angeles, California | Ninth Circuit | 2025-07-22 | Denied | Response Waived | 42-usc-1983 administrative-law due-process england-reservation pullman-abstention takings-clause | Whether a property owner can pursue a 42 USC §1983 claim and constitutional takings claim in federal court after state court proceedings involving all… |
| 25-68 | James Thomas Ballard, Individually and as Trustee of the James T. Ballard Millennium Trust, dated January 9, 2002 v. City of West Hollywood, California, et al. | Ninth Circuit | 2025-07-18 | Denied | Response Waived | amendment-standard covid-19-restrictions due-process municipal-regulation property-rights takings-clause | Whether a municipality may transform temporary emergency rent restrictions and occupancy mandates adopted at the start of the COVID-19 pandemic into p… |
| 25-41 | Jan Peters v. Malia M. Cohen, In Her Official Capacity as Chief Fiscal Officer, State Controller of California, and as Trustee of the Unclaimed Property Fund | Ninth Circuit | 2025-07-11 | Denied | Amici (3)Response WaivedRelisted (2) | constitutional-law due-process fifth-amendment fourteenth-amendment takings-clause unclaimed-property | Whether the Controller's actions under the California Unclaimed Property Law violate the Due Process and Takings Clauses of the Fourteenth and Fifth A… |
| 24-1315 | Andy Desty v. Santander Consumer USA, Inc. | Eleventh Circuit | 2025-06-25 | Denied | Response WaivedRelisted (2) | corporate-powers due-process equal-protection promissory-note takings-clause truth-in-lending | Whether Supreme Court precedents permit Santander Consumer USA Inc.'s actions involving deprivation of rights without due process of law |
| 24A1140 | Johanna McGee, as Personal Representative of the Estate of Jacqueline McGee, et al. v. Alger County Treasurer, et al. | Michigan | 2025-05-23 | Presumed Complete | due-process notice-requirements property-rights surplus-proceeds takings-clause tax-foreclosure | Whether the government violates the Fifth and Fourteenth Amendments' due process and takings protections when it retains surplus proceeds from tax for… | |
| 24-1178 | U.S. Bank National Association, as Trustee for the RMAC Trust, Series 2016-CTT v. Cassandra Fox | New York | 2025-05-19 | Denied | Amici (5)Response RequestedResponse WaivedRelisted (2) | constitutional-law due-process mortgage-foreclosure property-rights retroactive-legislation takings-clause | Does retroactive application of CPLR 205-a(a) violate the Takings Clause and Due Process Clause of the Constitution? |
| 24-1115 | Reuben D. Walker, et al. v. Andrea Lynn Chasteen, as Clerk for the Circuit Court of Will County and as a Representative of All Clerks of the Circuit Courts of All Counties in Illinois, et al. | Illinois | 2025-04-28 | Denied | Response Waived | constitutional-interpretation judicial-review legislative-deference state-immunity supremacy-clause takings-clause | May state courts ignore the Supremacy and Takings Clauses of the U.S. Constitution as interpreted by this Court based on arguably contrary provisions … |
| 24-1095 | Chelsea Koetter v. Manistee County Treasurer, et al. | Michigan | 2025-04-21 | Rehearing | Amici (1)Response RequestedResponse WaivedRelisted (5) | constitutional-law due-process government-action just-compensation property-rights takings-clause | Does the government violate the Due Process or Takings Clause by denying just compensation to property owners who miss a narrow and premature window t… |
| 24-1055 | William Becker, et al. v. City of Hillsboro, Missouri | Eighth Circuit | 2025-04-07 | Denied | appellate-review constitutional-law land-use-regulation property-rights regulatory-taking takings-clause | Whether the Court of Appeals improperly declined to recognize an unconstitutional regulatory taking under Nollan, Dolan, and Lucas precedents | |
| 24-987 | Kingston Kohr, LLC v. City of Irvine, California | California | 2025-03-14 | Denied | Response Waived | demolition-permit due-process local-government ministerial-duty property-rights takings-clause | Whether property owners have due process rights to conduct self-demolition or if local government has sole authority, and whether leveraging a demolit… |
| 24-858 | Kari Beeman, et al. v. Muskegon County Treasurer | Michigan | 2025-02-11 | Rehearing | Amici (2)Response RequestedResponse WaivedRelisted (6) | constitutional-law due-process just-compensation property-rights takings-clause tax-foreclosure | Does Michigan's tax foreclosure claims statute violate due process and the right to just compensation, and should the Court overrule Nelson v. City of… |
| 24-6385 | Baboucar B. Taal v. John Cronin, et al. | Second Circuit | 2025-01-24 | Dismissed | Response WaivedRelisted (2)IFP | constitutional-rights due-process federal-jurisdiction property-rights state-actor-misconduct takings-clause | Whether victims of state actor-led property fraud have a constitutional right to seek federal court redress for Fifth Amendment Takings Clause violati… |
| 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… |
| 24-755 | Mollie Slaybaugh, et vir v. Rutherford County, Tennessee, et al. | Sixth Circuit | 2025-01-16 | Denied | Amici (1) | fifth-amendment government-action just-compensation police-power property-rights takings-clause | Does a common law privilege to access property categorically absolve the government's duty of just compensation for property it physically destroys? |
| 24-729 | Forrest L. Geist v. Kansas State University Foundation, et al. | Tenth Circuit | 2025-01-13 | Denied | Response Waived | constitutional-rights intellectual-property property-protection safe-harbor sovereign-immunity takings-clause | May a natural person, whose IP is taken by state gov't w/o payment, seek fair redress under the selfexecuting Takings Clause if that state's legislati… |
| 24A635 | Liberty Petroleum Corporation v. North Dakota Industrial Commission, et al. | North Dakota | 2024-12-27 | Presumed Complete | economic-regulation forced-pooling just-compensation mineral-rights property-transfer takings-clause | Whether a state's regulatory 'forced pooling' regime that allows involuntary transfer of mineral rights and oil production without full compensation c… | |
| 24-609 | James L. Martin v. David H. Nixon | Delaware | 2024-12-04 | Denied | civil-judgment due-process-clause escheat fifth-amendment fourteenth-amendment takings-clause | Do the Fifth Amendment Takings Clause and the Fourteenth Amendment Due Process Clause protect a civil judgment creditor from escheat when the judgment… | |
| 24A499 | Kari Beeman, et al. v. Muskegon County Treasurer | Michigan | 2024-11-20 | Presumed Complete | constitutional-taking due-process property-rights surplus-proceeds takings-clause tax-foreclosure | Whether the government's retention of surplus proceeds from a tax foreclosure sale, where property owners failed to file an administrative claim form,… | |
| 24A437 | Southern California Edison Company, et al. v. Orange County Transportation Authority | Ninth Circuit | 2024-11-01 | Presumed Complete | fifth-amendment just-compensation property-rights public-transit takings-clause utility-infrastructure | Whether the Fifth Amendment's Takings Clause requires just compensation when a government entity compels a utility to relocate its infrastructure for … | |
| 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… |
| 24-444 | Otto L. Haselhoff, Individually and as Trustee v. City of Santa Monica, California | California | 2024-10-21 | Denied | Response Waived | constitutional-violation due-process judicial-notice notice-requirement property-rights takings-clause | When government acts without notice in a way that seriously impacts the rights of citizens, does the lack of statutory and constitutionally required n… |
| 24-435 | GHP Management Corporation, et al. v. City of Los Angeles, California, et al. | Ninth Circuit | 2024-10-17 | Denied | Amici (11)Response RequestedResponse WaivedRelisted (14) | eviction-moratorium just-compensation physical-taking property-rights right-to-exclude takings-clause | Whether an eviction moratorium depriving property owners of the fundamental right to exclude nonpaying tenants effects a physical taking |
| 24-278 | Ryan K. Jones, et ux. v. United States | Tenth Circuit | 2024-09-11 | Denied | Response Waived | constitutional-authority due-process interstate-commerce iRS-discretion takings-clause tax-collection-powers | Whether the Supreme Court should reconsider the IRS's tax collection powers and constitutional authority under the Interstate Commerce Clause and Taki… |
| 24-268 | Housing First Minnesota v. City of Corcoran, Minnesota, et al. | Minnesota | 2024-09-10 | Denied | Response Waived | building-permits koontz-doctrine property-rights takings-clause unconstitutional-conditions user-fees | Whether valuation-based building permit fees are exempt from unconstitutional conditions analysis under Koontz and constitute 'user fees' not subject … |
| 24-162 | Jennifer Sykes, et al. v. Office of the California State Controller, et al. | Ninth Circuit | 2024-08-15 | Denied | Response Waived | fifth-amendment just-compensation public-use takings-clause temporary-taking unclaimed-property | Does the Ninth Circuit's decision that California's Unclaimed Property Law does not require the payment of just compensation for the temporary taking … |
| 24-158 | Allison Cole-Kelly v. Malia M. Cohen, in Her Official Capacity as State Controller of California, et al. | Ninth Circuit | 2024-08-14 | Denied | Response WaivedRelisted (2) | due-process just-compensation property-rights sovereign-immunity takings-clause unclaimed-property | Whether a state's seizure and use of unclaimed property without compensation constitutes an unconstitutional taking under the Fifth Amendment's Taking… |
| 24-5304 | Angela Goldman Selby v. Denis R. McDonough, Secretary of Veterans Affairs | Federal Circuit | 2024-08-12 | Denied | Response WaivedRelisted (2)IFP | agent-orange color-of-law due-process fifth-amendment takings-clause veterans-rights | Did the Veteran Affairs violate constitutional rights by improperly applying regulations and disbursing funds owed to deceased veterans exposed to Age… |
| 24-153 | James W. Tindall v. United States | Federal Circuit | 2024-08-12 | Denied | Response Waived | constitutional-rights due-process eminent-domain national-security subject-matter-jurisdiction takings-clause | Whether the lower courts improperly dismissed a takings claim involving property seized for national security purposes without providing just compensa… |
| 24A150 | GHP Management Corporation, et al. v. City of Los Angeles, California, et al. | Ninth Circuit | 2024-08-08 | Presumed Complete | covid-19 eviction-moratorium fifth-amendment municipal-code regulatory-taking takings-clause | Whether a municipal eviction moratorium during the COVID-19 pandemic constitutes a regulatory taking under the Fifth Amendment's Takings Clause that r… | |
| 24-134 | Lemon Bay Cove, LLC v. United States | Federal Circuit | 2024-08-06 | Denied | Response Waived | army-corps-of-engineers economic-viability finality just-compensation lucas-doctrine lucas-v-south-carolina permitting property-rights regulatory-takings ripeness takings-clause | Whether a regulatory takings claim seeking just compensation under Lucas may be defeated by the mere possibility that a permitting authority might hav… |
| 24-131 | Ocean State Tactical, LLC, dba Big Bear Hunting and Fishing Supply, et al. v. Rhode Island, et al. | First Circuit | 2024-08-06 | Denied | Amici (4)Relisted (17) | 2nd-amendment ammunition-feeding-devices civil-rights common-use constitutional-protection due-process property-rights retrospective-ban second-amendment takings takings-clause | Whether a retrospective and confiscatory ban on the possession of ammunition feeding devices that are in common use violates the Second Amendment |
| 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… | |
| 24-5084 | Terrence E. Gilchrist v. Simone Craig | Ohio | 2024-07-16 | Denied | Response WaivedRelisted (2)IFP | child-support due-process equal-protection equitable-relief fourteenth-amendment fundamental-rights privileges-and-immunities procedural-protections social-security-act takings-clause turner-v-rogers | Whether non-adherence to Turner procedural protections violates substantive-due-process-and-privileges-and-immunities,takings-clause,due-process-and-e… |
| 24-29 | PennyMac Loan Services, LLC v. Roosevelt Associates, RIGP, et al. | Rhode Island | 2024-07-11 | Denied | Amici (1)Response Waived | constitutional-law due-process excess-equity just-compensation municipal-taking private-investors property-rights takings-clause tax-debt tax-sale | Does the government violate the Takings Clause when it confiscates property for payment of a tax debt without allowing the property owner any means of… |
| 24-21 | Tina Gerlach v. Todd Rokita, Attorney General of Indiana, et al. | Seventh Circuit | 2024-07-09 | Denied | Response RequestedResponse WaivedRelisted (2) | 42-u.s.c-1983 42-usc-1983 constitutional-violation federal-conflict just-compensation personal-capacity personal-capacity-suit sovereign-immunity takings-clause | Whether a state's constitutional obligation to pay just compensation when taking property waives its sovereign immunity from a claim seeking damages f… |
| 23-1363 | Vicki Baker v. City of McKinney, Texas | Fifth Circuit | 2024-07-02 | Denied | Amici (5)Relisted (4) | constitutional-law eminent-domain government-action just-compensation police-power property-rights public-use takings-clause | Whether the Takings Clause applies when the government takes property for a compelling public use pursuant to its police power |
| 23-1301 | Ben Brinkmann, et al. v. Town of Southold, New York | Second Circuit | 2024-06-13 | Denied | Amici (5)Relisted (3) | bad-faith bad-faith-taking constitutional-protection pretext property-rights public-use section-1983 state-federal-split takings-clause | Whether the Takings Clause is violated when a property is taken for a public amenity as a pretext for defeating an owner's plans for another use |
| 23A1085 | Alexander Cote, et al. v. Office of the California State Controller, et al. | Ninth Circuit | 2024-06-05 | Presumed Complete | fifth-amendment just-compensation property-rights public-use takings-clause unclaimed-property | Whether the Takings Clause of the Fifth Amendment requires states to pay just compensation to owners of unclaimed property held and used for public pu… | |
| 23-1220 | Building and Realty Institute of Westchester and Putnam Counties, Inc., et al. v. New York, et al. | Second Circuit | 2024-05-17 | Denied | Response RequestedResponse WaivedRelisted (5) | contract-clause due-process housing-stability investment-expectations market-value property-rights rent-control takings takings-clause tenant-protection | Whether the changes made by the HSTPA effect physical takings, and as applied takings, and violate both the Due Process and Contract Clauses of the Co… |
| 23-7444 | In Re Carolyn J. Florimonte | 2024-05-09 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-violation due-process eminent-domain flooding government-trespass just-compensation property property-rights takings takings-clause | Is twenty-four (24) years enough time for Petitioner to wait for the right to control her own Property, which never comes? | |
| 23A995 | Tina Gerlach v. Todd Rokita, Attorney General of Indiana, et al. | Seventh Circuit | 2024-05-08 | Presumed Complete | eleventh-amendment individual-capacity just-compensation section-1983 sovereign-immunity takings-clause | Whether state officials can be sued in their individual capacities for alleged violations of the Takings Clause under 42 U.S.C. § 1983 and whether sta… | |
| 23-1195 | Brad Johnson v. PennyMac Loan Services, LLC | North Carolina | 2024-05-06 | Denied | Response Waived | chevron-doctrine due-process force-placed-insurance property-rights regulatory-interpretation servicer-prohibitions statutory-construction takings-clause | Did the North Carolina Court of Appeals commit reversible error in interpreting 12 C.F.R. § 1024.37(b) and ignoring 12 C.F.R. § 1024.37(a)(1) and 12 U… |
| 23-1167 | Dennis O'Connor v. Rachel Eubanks, et al. | Sixth Circuit | 2024-04-30 | Denied | Amici (2)Relisted (2) | 42-U.S.C.-§-1983 42-usc-1983 constitutional-history constitutional-taking federal-conflict personal-capacity personal-capacity-suit property-rights sovereign-immunity takings-clause | Whether a state's constitutional obligation to pay just compensation when taking property waives its sovereign immunity from a claim seeking damages f… |
| 23-1153 | Cesar Romero, et al. v. Li-Chuan Shih, et al. | California | 2024-04-23 | Denied | Response RequestedResponse WaivedRelisted (2) | 14th-amendment 5th-amendment constitutional-law due-process eminent-domain land-use private-property property-rights takings takings-clause | Whether a court order that excludes landowners from their real property and allows other private parties to permanently physically invade and occupy t… |
| 23-1139 | John F. Gallagher v. Northampton County Revenue Appeals Board, et al. | Third Circuit | 2024-04-19 | Denied | Response Waived | 14th-amendment 4th-amendment 8th-amendment comity constitutional-claims federal-jurisdiction property-tax subject-matter-jurisdiction takings-clause tax-injunction-act | Whether federal subject matter jurisdiction under 28 U.S.C. §1331 is barred by the Tax Injunction Act or the doctrine of comity for claims challenging… |
| 23-7208 | Abiy Yifru v. United States | Federal Circuit | 2024-04-11 | Denied | Response WaivedIFP | civil-rights constitutional-rights consular-discretion counsel due-process employment-contract immigration immigration-law property-interest takings takings-clause | Whether the government's intentional interference with an alien's valid employment contract that results in the alien's indefinite homelessness is a t… |
| 23-7073 | James L. Miller v. Scott S. Harris, Clerk, Supreme Court of the United States | Ninth Circuit | 2024-03-26 | Dismissed | Response WaivedRelisted (2)IFP | administrative-law civil-procedure due-process patent-eligibility standing takings-clause | Whether the government's denial of a patent application for a new invention violates the Takings Clause of the Fifth Amendment |
| 23-6898 | Jose G. Castillo v. Jean Harper, et al. | Ninth Circuit | 2024-03-05 | Denied | IFP | due-process fifth-amendment jurisdiction land-use-regulation legal-document petition property-rights regulatory-takings scotus takings-clause writ-of-certiorari | Whether the Sixth Circuit erred in holding that the Takings Clause of the Fifth Amendment does not prohibit the government from requiring a property o… |
| 23A753 | United States v. Ideker Farms, Inc., et al. | Federal Circuit | 2024-02-15 | Presumed Complete | endangered-species fifth-amendment flood-control government-action missouri-river takings-clause | Whether the government's implementation of flood control and environmental protection measures constitutes a compensable taking under the Fifth Amendm… | |
| 23-807 | El Papel, LLC, et al. v. City of Seattle, Washington, et al. | Ninth Circuit | 2024-01-25 | Denied | Amici (7)Response Waived | 5th-amendment constitutional-law due-process eighth-circuit land-use-regulation ninth-circuit physical-taking property-rights rental-property takings takings-clause | Whether an ordinance that compels the possession of property by an unwelcome occupant is a categorical physical taking |
| 23-6449 | Robert James Swint v. Dish Network, et al. | Tenth Circuit | 2024-01-10 | Denied | IFP | civil-procedure constitutional-law fifth-amendment jurisdiction standing takings-clause | Whether the Sixth Circuit erred in holding that the district court lacked jurisdiction to consider petitioners' claims under the Takings Clause of the… |
| 23-6437 | In Re Tony Weems | 2024-01-08 | Denied | Response WaivedIFP | fifth-amendment just-compensation private-property public-access regulatory-takings takings-clause | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to provide public access to private propert… | |
| 23A628 | Gerald Ostipow, Individually and as Personal Representative of the Estate of Royetta L.. Ostipow v. William L. Federspiel | Sixth Circuit | 2024-01-08 | Presumed Complete | civil-forfeiture constitutional-rights fifth-amendment property-rights state-law takings-clause | Whether a county sheriff's office violates the Fifth Amendment's Takings Clause by refusing to return nonforfeited property or proceeds after a civil … | |
| 23-673 | In Re Jeffrey Lance Hill, Sr. | 2023-12-21 | Denied | Response WaivedRelisted (2) | 5th-amendment civil-procedure federal-jurisdiction fifth-amendment property-rights res-judicata rooker-feldman rooker-feldman-doctrine standing takings takings-clause | Whether the Rooker-Feldman doctrine bars a federal court from considering a takings claim under the Fifth Amendment when the state court proceedings d… | |
| 23A520 | Andrew U. D. Straw v. Indiana | Indiana | 2023-12-07 | Presumed Complete | attorney-discipline constitutional-rights due-process law-license supreme-court takings-clause | Whether the Takings Clause permits compensation when a state supreme court suspends a law license without good cause or due process | |
| 23-490 | Enrique Jevons, as a Managing Member of Jevons Properties LLC, et al. v. Jay Inslee, Governor of Washington, et al. | Ninth Circuit | 2023-11-08 | Denied | Amici (2)Response Waived | covid-19 declaratory-judgment eviction-moratoria fifth-amendment just-compensation regulatory-taking standing takings-clause | Whether the Ninth Circuit erred in dismissing a challenge to Washington State's COVID-19 eviction moratoria as moot |
| 23-397 | Preserve Responsible Shoreline Management, et al. v. City of Bainbridge Island, Washington | Washington | 2023-10-16 | Denied | Amici (1)Response Waived | civil-rights dolan-v-city-of-tigard due-process land-use-regulation legislative-exactions legislative-taking nexus-test nollan-v-california-coastal-commission property-exaction proportionality-standard takings takings-clause | Whether the government may avoid the nexus and proportionality standards by asserting that an exaction resulted from a legislative procedure that invo… |
| 23-330 | Ani Creation, Inc., dba Rasta, et al. v. City of Myrtle Beach Board of Zoning Appeals, et al. | South Carolina | 2023-09-28 | Denied | amortization board-of-zoning-appeals business-rights civil-rights constitutional-claims due-process penn-central-test takings takings-clause zoning zoning-ordinance | Does a city's zoning ordinance prohibiting an existing business from selling legal products constitute a taking? | |
| 23-296 | Michael L. Kiser, et al. v. Duke Energy Carolinas, LLC, et al. | North Carolina | 2023-09-25 | Denied | Response WaivedRelisted (2) | 14th-amendment 5th-amendment constitutional-interpretation due-process judicial-takings just-compensation property-rights supreme-court-review takings takings-clause | Is a state supreme court able to 'side-step' the just compensation requirement of the Fifth and Fourteenth Amendments by simply removing preexisting p… |
| 23-255 | Cooper D. Johnson v. Malia M. Cohen, Individually and in Her Official Capacity as State Controller of California, et al. | California | 2023-09-15 | Denied | Relisted (2) | civil-procedure civil-rights constitutional-law due-process fifth-amendment fourteenth-amendment property-rights takings takings-clause unclaimed-property | Whether the Controller's actions under the California Unclaimed Property Law violate the Due Process Clause and Takings Clause |
| 23-241 | Joe Salazar v. AT&T Mobility LLC, et al. | Federal Circuit | 2023-09-13 | Denied | claim-construction due-process fifth-amendment investment-backed-expectations judicial-taking patent patent-rights property-rights takings takings-clause | Does the Federal Circuit Panel's unforeseeable and unjustifiable construction of the petitioner's patent claim, disrupting the petitioner's legitimate… | |
| 23-195 | Aaron Hashim, et al. v. Malia M. Cohen, Individually and in Her Official Capacity as State Controller of California, et al. | California | 2023-08-31 | Denied | Relisted (2) | 14th-amendment 5th-amendment california constitutional-law due-process notice-requirement property-rights takings takings-clause unclaimed-property | Whether the Controller's actions under color of the California Unclaimed Property Law violate the Due Process Clause and Takings Clause |
| 23-5446 | Elizabeth Richert v. Kathleen White Murphy, et al. | Seventh Circuit | 2023-08-25 | Denied | Relisted (2)IFP | 14th-amendment 5th-amendment due-process equal-protection fifth-amendment fourteenth-amendment judicial-proceedings property-rights takings takings-clause | Whether the District Court's April 21, 2022 post-trial order amount to an unconstitutional taking without due process, equal protection, and just comp… |
| 23-5106 | John B. Freitas v. Superior Court of California, Alameda County, et al. | California | 2023-07-14 | Denied | IFP | constitutional-protection due-process equity equity-theft fifth-amendment government-action homeowner-rights just-compensation property-rights takings-clause | Whether the Takings Clause of the Fifth Amendment requires just compensation when the government improperly denies a homeowner the ability to use thei… |
| 23-12 | John Kowal v. Ferndale Area School District, et al. | Third Circuit | 2023-07-05 | Denied | age-discrimination but-for-causation employee-benefits equal-cost-or-equal-benefit equal-protection medicare-eligibility older-workers-benefit-protection-act takings-clause | Whether the prerequisite in Ferndale's 'Sick Leave Incentive' violates the ADEA and OWBPA | |
| 22-7817 | Garland E. Williams v. United States | Federal Circuit | 2023-06-20 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process internal-revenue-service jurisdictional-challenge standing statutory-interpretation takings takings-clause tax tax-refund | Whether claimed pursuant 28 U.S.C. § 1491 (a) (1) United States Constitutional Article II, Section 2, Amendment J, due-process, takings, 26-usc-6402 |
| 22-1170 | 335-7 LLC, et al. v. City of New York, New York, et al. | Second Circuit | 2023-06-02 | Denied | Relisted (13) | civil-rights due-process economic-value just-compensation landlord-tenant property-rights regulatory-taking rent-control takings takings-clause | Does the New York Rent Stabilization Law effect a per se physical taking, a confiscatory taking, or a regulatory taking? |
| 22-7678 | Gary E. Peel v. United States | Seventh Circuit | 2023-06-01 | Denied | Response WaivedIFP | actual-innocence child-pornography due-process ex-post-facto first-amendment ineffective-assistance-of-counsel takings-clause | Whether the government can criminalize the possession of non-obscene photographic materials depicting only an adult |
| 22-1074 | George Sheetz v. County of El Dorado, California | California | 2023-05-04 | Judgment Issued | Amici (27) | cedar-point-nursery-v-hassid constitutional-exemption dolan-v-city-of-tigard due-process land-use-regulation legislative-exaction nollan-v-california-coastal-commission pakdel-v-city-and-county-of-san-francisco permit-condition property-rights takings takings-clause | Whether a permit exaction is exempt from the Nollan/Dolan doctrine simply because it is authorized by legislation |
| 22-7445 | Kalavathi Shunmugam v. Redevelopment Authority of the City of Bethlehem, Pennsylvania | Pennsylvania | 2023-05-02 | Denied | Response WaivedRelisted (2)IFP | blighted-list breach-of-agreement court-transcript due-process eminent-domain fifth-amendment property-rights racial-discrimination takings takings-clause | Whether the personnel action violated the petitioner's constitutional right to due process |
| 22-1054 | Robert E. Bennett, et ux. v. City of Kingman, Arizona | Ninth Circuit | 2023-05-01 | Denied | Response Waived | civil-rights constitutional-interpretation due-process fifth-amendment fourteenth-amendment property-rights regulatory-takings section-1983-claim takings takings-clause vested-rights | Did the Arizona District Court and the Ninth Circuit Court err in their analysis of the takings claim? |
| 22-1048 | Joseph E. Blackburn, Jr., et ux. v. Dare County, North Carolina, et al. | Fourth Circuit | 2023-04-28 | Denied | Response RequestedRelisted (2) | 5th-amendment civil-procedure constitutional-law due-process eminent-domain fifth-amendment government-regulation property-rights regulatory-takings takings takings-clause | Whether a governmental regulation prohibiting all physical access to a landowner's property is a 'per se' taking under the Fifth Amendment of the Unit… |
| 22-7190 | Dante R. Voss v. Kevin A. Carr, Secretary, Wisconsin Department of Corrections | Seventh Circuit | 2023-04-03 | Denied | Response WaivedIFP | access-to-courts civil-rights constitutional-challenge due-process equal-protection legal-loan-policy standing takings takings-clause | Whether Voss's complaint states a claim upon which relief may be granted |
| 22-913 | Richard Devillier, et al. v. Texas | Fifth Circuit | 2023-03-20 | Judgment Issued | Amici (13)Response RequestedResponse WaivedRelisted (2) | federal-circuit-split fifth-amendment just-compensation legislative-authorization property-rights self-executing self-executing-clause state-court-rulings statutory-authorization takings-clause | May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirma… |
| 22-894 | Andrew Meisner, Oakland County Treasurer, et al. v. Marion Sinclair | Sixth Circuit | 2023-03-16 | Denied | Response RequestedResponse WaivedRelisted (2) | constitutional-law due-process equitable-title foreclosure municipal-government property-rights property-tax surplus-proceeds takings takings-clause tax-delinquency tax-foreclosure | Whether foreclosing on a home for the nonpayment of taxes constitutes a violation of the federal Takings Clause whenever the home is worth more than t… |
| 22-874 | Andrew Meisner, Oakland County Treasurer, et al. v. Tawanda Hall, et al. | Sixth Circuit | 2023-03-13 | Denied | Response Waived | constitutional-law due-process equitable-title foreclosure municipal-law property-rights surplus-proceeds takings takings-clause tax-delinquency tax-foreclosure | Whether foreclosing on a home for the nonpayment of taxes constitutes a violation of the federal Takings Clause whenever the home is worth more than t… |
| 22-6860 | Shavelle Oscar Chavez-Nelson v. Tim Walz, Governor of Minnesota, et al. | Eighth Circuit | 2023-02-24 | Denied | Response WaivedIFP | 5th-amendment due-process eminent-domain property-rights regulatory-takings takings-clause | Whether the lower court erred in its application of the Takings Clause of the Fifth Amendment to the U.S. Constitution |
| 22-760 | William S. Wilkinson, et al. v. Board of University and School Lands of North Dakota, et al. | North Dakota | 2023-02-13 | Denied | Response Waived | due-process federalism fifth-amendment just-compensation oil-and-gas oil-and-gas-interests property-rights state-ownership state-sovereignty takings takings-clause | Whether the North Dakota Supreme Court erred in finding the Fifth Amendment to the United States Constitution does not require just compensation |
| 22-6371 | Michael Jarrow v. Ashly Nunnery | Fifth Circuit | 2022-12-21 | Denied | IFP | fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause | Whether the Takings Clause of the Fifth Amendment requires the government to pay just compensation when it physically appropriates private property fo… |
| 22-493 | Erica Bojicic, dba Evolve Dance Company, LLC, et al. v. Richard Michael DeWine, Individually and in His Official Capacity as the Governor of Ohio, et al. | Sixth Circuit | 2022-11-23 | Denied | Response Waived | constitutional-law due-process emergency-powers eminent-domain fifth-amendment government-action necessity police-power property-rights regulatory-takings takings takings-clause | Is the government required to prove with evidence that its action taken during an emergency which intrudes on private property rights was a necessity … |
| 22-438 | Glow In One Mini Golf, L.L.C., et al. v. Tim Walz, Governor of Minnesota, et al. | Eighth Circuit | 2022-11-10 | Denied | Amici (1)Response Waived | 5th-amendment constitutional-rights covid-19 covid-19-shutdown emergency-powers equal-protection equal-protection-clause fifth-amendment qualified-immunity takings-clause | Whether Minnesota's Governor has qualified immunity against Petitioners' Fifth Amendment Takings Clause claims |
| 22-372 | Skatemore, Inc., dba Roll Haven Skating Center, et al. v. Gretchen Whitmer, Governor of Michigan, et al. | Sixth Circuit | 2022-10-20 | Denied | Response Waived | due-process eleventh-amendment fifth-amendment fourteenth-amendment just-compensation sovereign-immunity takings-clause | Does the Fifth Amendment's requirement of 'just compensation' waive Eleventh Amendment Sovereign Immunity for a takings claim in federal court against… |
| 22-367 | Financial Oversight and Management Board for Puerto Rico v. Cooperative de Ahorro y Credito Abraham Rosa, et al. | First Circuit | 2022-10-19 | Denied | bankruptcy bankruptcy-discharge constitutional-claims equitable-treatment fresh-start just-compensation takings-clause unsecured-claims | Are pre-bankruptcy unsecured claims for just compensation under the Takings Clause uniquely non-dischargeable, unlike every other type of unsecured cl… | |
| 22-5715 | Michael J. Tarvin v. United States Court of Appeals for the Fifth Circuit | Fifth Circuit | 2022-09-29 | Denied | IFP | administrative-law critical-habitat endangered-species-act property-rights standing takings-clause | Whether the U.S. Fish and Wildlife Service's designation of critical habitat for the dusky gopher frog under the Endangered Species Act violates the T… |
| 22-237 | Sandra K. Nieveen v. TAX 106, et al. | Nebraska | 2022-09-13 | GVR | Amici (2)Response RequestedResponse WaivedRelisted (4) | due-process eighth-amendment excessive-fines government-seizure just-compensation property-rights takings-clause tax-sale | Does the government violate the Takings Clause when it confiscates property worth more than the debt owed by the owner? |
| 22-166 | Geraldine Tyler v. Hennepin County, Minnesota, et al. | Eighth Circuit | 2022-08-23 | Judgment Issued | Amici (44)Response RequestedResponse WaivedRelisted (3) | civil-forfeiture constitutional-law due-process eighth-amendment excessive-fine excessive-fines government-forfeiture property-rights takings-clause tax-debt | Whether the government's retention of surplus proceeds from the sale of a home to satisfy a tax debt violates the Takings Clause |
| 22-160 | Kevin L. Fair v. Continental Resources, et al. | Nebraska | 2022-08-22 | GVR | Amici (8)Response RequestedResponse WaivedRelisted (4) | due-process equity-forfeiture excessive-fine excessive-fines government-seizure just-compensation property-rights takings-clause tax-foreclosure | Does the government violate the Takings Clause when it confiscates property worth more than the debt owed by the owner? |
| 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 | If the United States causes a company to transfer to the United States for the public benefit private shareholders' rights incident to their ownership… | |
| 22-97 | Owl Creek Asia I, L.P., et al. v. United States, et al. | Federal Circuit | 2022-08-02 | Denied | collins-v-yellen conservatorship corporate-ownership federal-claims federal-housing-finance-agency government-action net-worth-sweep private-shareholders property-interest shareholders-rights takings takings-clause | Whether private shareholders have a direct, personal interest in challenging a taking of their rights incident to share ownership | |
| 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 | Did the Federal Circuit err in barring as 'substantively derivative' the claims of private shareholders of Fannie Mae and Freddie Mac for the Taking o… | |
| 22-48 | AC Interests, L.P. v. Texas Commission on Environmental Quality | Texas | 2022-07-19 | Denied | Response Waived | administrative-law civil-rights clean-air-act due-process emission-reduction-credits equitable-tolling mootness takings takings-clause | Should the 60-month deadline for using emission reduction credits be equitably tolled? |
| 22-25 | Roy Lynn McCutchen, et al. v. United States | Federal Circuit | 2022-07-08 | Denied | Amici (2) | agency-authority agency-rulemaking fifth-amendment government-power legislative-delegation legislative-rulemaking personal-property physical-taking property-rights redressability takings-clause | Does a delegation of general legislative rulemaking authority to an agency constitute an inherent restraint on title to any personal property that cou… |
| 21-1603 | Canada Hockey, L.L.C., dba Epic Sports, et al. v. Texas A&M University Athletic Department, et al. | Fifth Circuit | 2022-06-29 | Denied | constitutional-violation copyright-infringement due-process federal-remedies knick-v-township-of-scott state-sovereign-immunity takings takings-clause united-states-v-georgia | Whether copyright infringement by a state government constitutes a taking under the Fifth Amendment, whether a hypothetical state remedy is sufficient… | |
| 21-7818 | Kenneth Jay Moore v. Washington | Washington | 2022-05-10 | Denied | IFP | eminent-domain fifth-amendment just-compensation property-rights public-use takings-clause | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a portion of their property for… |
| 21-7810 | Michael Geoffrey Peters v. Texas Department of Criminal Justice, et al. | Fifth Circuit | 2022-05-09 | Dismissed | IFP | due-process fifth-amendment land-use property-rights regulatory-takings takings-clause | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a public easement as a conditio… |
| 21-1299 | Nicholas D. Scoyni v. Daniel R. Salvador, et al. | Ninth Circuit | 2022-03-29 | Denied | constitutional-rights due-process intellectual-property judicial-recusal procedural-rules recuse service-mark service-marks takings-clause trademarks | Does the district court have the right to adjudicate an intellectual-property case without addressing parties' pleas, disregarding legal precedence of… | |
| 21-1194 | Virginia Duncan, et al. v. Rob Bonta, Attorney General of California | Ninth Circuit | 2022-03-02 | GVR | Amici (5)Relisted (2) | 2nd-amendment civil-rights due-process magazine-ban property-rights scrutiny-standard second-amendment self-defense standing takings takings-clause | Whether a blanket, retrospective, and confiscatory law prohibiting ordinary law-abiding citizens from possessing magazines in common use violates the … |
| 21-1152 | Michael A. Deem v. Lorna M. DiMella-Deem | New York | 2022-02-22 | Denied | Relisted (2) | attorney-for-children constitutional-violation court-appointed-attorney court-appointed-counsel custody-dispute due-process free-speech parental-rights takings-clause | Does appointment of an attorney for the children over a fit father's objection violate his right to parental-relations? |
| 21-990 | Aldrich L. Boss, as Personal Representative of the Estate of Stewart R. Crane v. United States, et al. | First Circuit | 2022-01-12 | Denied | Response Waived | 5th-amendment bona-fide-purchase fifth-amendment forfeiture innocent-owner-defense property-forfeiture public-record standing takings-clause | Whether the Fifth Amendment's Takings Clause permits the establishment of a new category of property for forfeiture purposes |
| 21-808 | Kimberley Ann Gunnarson, et al. v. Texas | Texas | 2021-12-01 | Denied | Response Waived | 14th-amendment billboard constitutional-law due-process eminent-domain fifth-amendment just-compensation property-code takings takings-clause | Does Texas' refusal to recognize sign rental income from billboards on real property violate the Fourteenth Amendment to the United States Constitutio… |
| 21-809 | Alexander Gallo v. District of Columbia | District of Columbia | 2021-12-01 | Rehearing | Response WaivedRelisted (2) | access-to-courts civil-procedure civil-rights contract-clause due-process eviction-moratorium property-rights standing strict-scrutiny takings takings-clause | Whether a Legislature's Closing of Landlord-Tenant Court Violates Access to the Court |
| 21-735 | Jim Olive Photography, dba Photolive, Inc. v. University of Houston System | Texas | 2021-11-17 | Denied | Response RequestedResponse WaivedRelisted (2) | cedar-point-nursery copyright-infringement fifth-amendment fourteenth-amendment government-appropriation right-to-exclude takings-clause | Whether the government's appropriation of a copyright owner's right to exclude constitutes a per se taking under the Fifth and Fourteenth Amendments i… |
| 21-542 | Michael Zito, et ux. v. North Carolina Coastal Resources Commission | Fourth Circuit | 2021-10-13 | Denied | Response Waived | 14th-amendment due-process federal-claims federal-takings-claims fourteenth-amendment just-compensation just-compensation-clause sovereign-immunity state-immunity state-sovereign-immunity takings takings-clause | Whether the Fourteenth Amendment's incorporation of the 'self-executing' Just Compensation Clause abrogates state sovereign immunity from federal taki… |
| 21-5597 | Johnathan Holt v. United States | Sixth Circuit | 2021-09-08 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process property-rights standing takings-clause | Whether the court erred in dismissing petitioner's claims under the Takings Clause and Due Process Clause |
| 21-217 | Marcy Britton v. Tim Keller, Mayor of the City of Albuquerque, New Mexico, et al. | Tenth Circuit | 2021-08-16 | Denied | civil-rights due-process inverse-condemnation penn-central-test property-rights qualified-immunity regulatory-taking regulatory-takings takings takings-clause | Did the lower courts err in dismissing Petitioner's Federal Takings claim and claim for inverse condemnation against Defendants with prejudice at the … | |
| 21-218 | John Pietsch, et al. v. Ward County, North Dakota, et al. | Eighth Circuit | 2021-08-16 | Denied | dolan-v-city-of-tigard extortionate-exaction fifth-amendment fifth-amendment-takings injunctive-relief nollan-dolan-test nollan-v-california-coastal-commission remedy takings-clause unconstitutional-conditions | Does the violation of the unconstitutional-conditions doctrine for an extortionate exaction create a stand-alone cause of action? | |
| 21-148 | California Restaurant Association, Inc. v. Superior Court of California, Los Angeles County, et al. | California | 2021-08-03 | Denied | Amici (2) | constitutional-law due-process government-action jacobson-v-massachusetts property-rights public-health rational-basis takings takings-clause | Is due process satisfied, consistent with the decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), where a public health department acts based o… |
| 21-128 | Roger Waldner, et al. v. United States | Eighth Circuit | 2021-07-30 | Denied | Response Waived | criminal-procedure due-process enforcement-order garnishment recoupment restitution statute-of-limitations takings-clause | Whether the USA's garnishment of $80,000 from Glenn Ambort was timely and proper under 18 U.S.C. § 3664(m)(1)(A) and 18 U.S.C. § 3613 |
| 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… |
| 21-70 | Gary E. Albright, et al. v. United States | Federal Circuit | 2021-07-19 | Denied | Amici (1)Response Waived | certification constitutional-federalism erie-doctrine fifth-amendment railroad-deed state-law state-law-interpretation takings-claim takings-clause | Does constitutional federalism require certification of state law issue? |
| 20-1652 | Meghan Belaski, et al. v. Securities and Exchange Commission | District of Columbia | 2021-05-26 | Denied | Response Waived | confidential-information double-jeopardy fifth-amendment intellectual-property related-action securities-exchange-commission securities-law takings-clause whistleblower whistleblower-award | Do the statutory rules of the SEC violate the Double Jeopardy Clause and Takings Clause of the Fifth Amendment? |
| 20-1507 | Association of New Jersey Rifle & Pistol Clubs, Inc., et al. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. | Third Circuit | 2021-04-28 | GVR | Amici (4)Response RequestedResponse WaivedRelisted (3) | 2nd-amendment civil-procedure civil-rights due-process law-abiding-citizens magazine-ban property-rights retrospective-law second-amendment standing takings takings-clause | Whether a blanket, retrospective, and confiscatory law prohibiting ordinary law-abiding citizens from possessing magazines in common use violates the … |
| 20-1259 | Protect Our Parks, Inc., et al. v. City of Chicago, Illinois, et al. | Seventh Circuit | 2021-03-11 | Denied | Response Waived | article-iii-standing civil-procedure due-process fifth-amendment fourteenth-amendment lujan-standard standing takings takings-clause | Whether the Plaintiffs possess Article III standing to bring their takings and due process claims |
| 20-1214 | Fred J. Eychaner v. City of Chicago, Illinois | Illinois | 2021-03-03 | Denied | Amici (5)Response RequestedResponse WaivedRelisted (4) | blight due-process eminent-domain future-blight kelo-precedent kelo-v-city-of-new-london pretext property-rights public-use public-use-clause takings takings-clause | Is the possibility of future blight a permissible basis for a government to take property in an unblighted area and give it to a private party for pri… |
| 20-7261 | Randell Joseph Redmond v. United States Court of Appeals for the Fifth Circuit | Fifth Circuit | 2021-02-26 | Denied | Relisted (2)IFP | civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech just-compensation property-rights standing takings-clause tax-foreclosure | Whether the court of appeals erred in denying a motion to dismiss a civil-rights, due-process, free-speech claim |
| 20-1099 | Gadsden Industrial Park, LLC v. United States | Federal Circuit | 2021-02-10 | Denied | 5th-amendment court-of-federal-claims due-process federal-circuit fifth-amendment inverse-condemnation just-compensation property-rights takings takings-clause tucker-act | Whether the Court should fill a statutory and jurisprudential void in Tucker Act inverse condemnation 'takings' law | |
| 20-1003 | Christy, Inc. v. United States | Federal Circuit | 2021-01-26 | Denied | Amici (1)Response Waived | compensation government-fees inter-partes-review patent patent-exaction patent-invalidation post-grant-review private-property property-rights takings-clause | When a duly-issued patent is invalidated through a post-grant review process (such as an IPR), must compensation be paid under the Takings Clause? |
| 20-912 | Abigail Ladd, et al. v. Jack Marchbanks | Sixth Circuit | 2021-01-08 | Denied | Response Waived | 11th-amendment civil-procedure civil-rights due-process fifth-amendment inverse-condemnation just-compensation knick-v-township-of-scott mandamus property-rights takings takings-clause | Whether Ohio's mandamus scheme provides its citizens with a reasonable, certain, and/or adequate procedure or process sufficient to meet the guarantee… |
| 20-855 | Maryland Shall Issue, Inc., et al. v. Lawrence J. Hogan, Jr., Governor of Maryland | Fourth Circuit | 2020-12-29 | Denied | Amici (3) | certification certification-doctrine constitutional-interpretation due-process horne-v-department-of-agriculture maryland-constitution personal-property property-rights takings-clause | Whether the Takings Clause protects lawfully acquired personal property banned by the State legislature |
| 20-6613 | C. D. Pickle, Jr., aka Clanton D. Pickle, Jr. v. Mississippi | Mississippi | 2020-12-11 | Denied | Response WaivedIFP | constitutional-law due-process equal-protection fifth-amendment fourteenth-amendment judicial-review legal-procedure petition supreme-court takings-clause writ-of-certiorari | Whether the construction of the Takings Clause of the Fifth Amendment to the U.S. Constitution violates the Due Process and Equal Protection Clauses o… |
| 20-6416 | Devon M. Byrd v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2020-11-24 | Denied | IFP | civil-procedure civil-rights due-process qualified-immunity standing takings-clause | Whether the court erred in dismissing petitioner's claims under the Takings Clause and Due Process Clause |
| 20-567 | Ohio, ex rel. Elliot Feltner v. Cuyahoga County Board of Revision, et al. | Ohio | 2020-10-30 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (4) | due-process equity-windfall government-seizure just-compensation property-rights surplus-equity takings-clause tax-delinquency | Does the Takings Clause require compensation when government confiscates property worth far more than the debt owed, keeping the surplus value as a wi… |
| 20-441 | Minnesota Sands, LLC v. County of Winona, Minnesota | Minnesota | 2020-10-06 | Denied | commerce-clause discrimination interstate-commerce mineral-rights mining permitting-requirements property-interest property-rights state-regulation takings-clause | Does a state or local government impermissibly discriminate against interstate commerce when it allows a mineral to be mined for all uses that are com… | |
| 20-5723 | Demetrius Calhoun v. Florida Department of Corrections | Eleventh Circuit | 2020-09-16 | Denied | Relisted (2)IFP | fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause | Whether the Takings Clause of the Fifth Amendment requires the government to pay just compensation when it physically appropriates private property fo… |
| 20-335 | Maryland Reclamation Associates, Inc. v. Harford County, Maryland | Maryland | 2020-09-14 | Denied | Response Waived | administrative-variance due-process fifth-amendment just-compensation penn-central penn-central-test property-rights takings-clause | Whether an administrative variance decision precludes a subsequent independent Takings Clause lawsuit |
| 20-265 | Leon Oscar Ramirez, Jr., et al. v. ConocoPhillips Company, et al. | Texas | 2020-09-02 | Denied | Response Waived | common-law constitutional-amendment due-process fifth-amendment fourteenth-amendment mineral-rights property-rights takings takings-clause | Whether the Fifth and Fourteenth Amendments prohibit common law courts from eliminating property ownership by changing or disregarding their common la… |
| 20-5512 | James L. Miller v. Scott S. Harris, Clerk, Supreme Court of the United States, et al. | Ninth Circuit | 2020-08-27 | Denied | Response WaivedIFP | fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause | Whether the Takings Clause of the Fifth Amendment requires the government to pay just compensation when it physically appropriates private property fo… |
| 20-203 | LaDonna Degan, et al. v. Board of Trustees of the Dallas Police and Fire Pension System | Fifth Circuit | 2020-08-21 | Denied | Response Waived | constitutional-rights dallas-pension-statute federal-circuit-split fifth-amendment legislative-amendment property-interest retirement-funds takings-clause | Whether a retiree's ownership interest in earned and accrued retirement funds is a cognizable property interest for purposes of a Fifth Amendment Taki… |
| 20-107 | Cedar Point Nursery, et al. v. Victoria Hassid, et al. | Ninth Circuit | 2020-08-03 | Judgment Issued | Amici (40)Relisted (2) | agricultural agricultural-access civil-rights due-process eminent-domain fifth-amendment labor-regulation labor-relations property property-rights takings takings-clause | Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment |
| 20-80 | Diane S. Blodgett, et al. v. United States | Federal Circuit | 2020-07-28 | Denied | Response Waived | civil-procedure civil-rights contract-rights due-process federal-trade-commission fifth-amendment ftc-act pleading-stage rule-60(b) standing takings takings-clause | Did the court of appeals err in this FTC-Act-Section-13(b) case in failing to apply Rule-60(b) at the pleading-stage |
| 20-72 | Janet L. Himsel, et al. v. 4/9 Livestock, LLC, et al. | Indiana | 2020-07-24 | Denied | Amici (1) | due-process eminent-domain environmental-regulation nuisance nuisance-law property-rights takings-clause trespass | Does a state statute violate the Takings Clause when it provides immunity from nuisance and trespass liability for an industrial-scale hog facility th… |
| 20-5112 | David Wayne Robinson v. Jared Polis, Governor of Colorado, et al. | Tenth Circuit | 2020-07-21 | Denied | IFP | 14th-amendment booking-fees civil-rights constitutional-rights criminal-procedure due-process equal-protection excessive-fines takings-clause | Whether the imposition of a booking fee on citizens of the Beaver County, Pennsylvania violates their due process and equal protection rights under th… |
| 19-1319 | David R. Morabito, et ux. v. New York, et al. | Second Circuit | 2020-05-28 | Denied | Response RequestedResponse WaivedRelisted (3) | civil-procedure constitutional-law due-process due-process-14th-amendment eleventh-amendment hydraulic-fracturing interstate-commerce rosemary-knick rosemary-knick-v-township-of-scott standing takings takings-clause takings-clause-5th-amendment | Whether the New York State Law, adopted on or about April 3, 2020, permanently banning high volume hydraulic fracturing in the State of New York is an… |
| 19-1285 | Andrea Lea, Arkansas State Auditor v. United States, et al. | Federal Circuit | 2020-05-13 | Denied | contract-law escheatment federal-preemption property-rights savings-bonds takings-clause treasury-regulations us-savings-bonds | Whether the federal statute, regulations, and contractual provisions governing the transfer and redemption of United States Savings Bonds preempt the … | |
| 19-8284 | In Re Michael A. Young | 2020-04-17 | Denied | Response WaivedIFP | civil-forfeiture contraband due-process just-compensation standing takings-clause | Whether the Sixth Circuit erred in holding that the Takings Clause does not prohibit the government from seizing private property without just compens… | |
| 19-8167 | Charles Talbert v. Blanche Carney, et al. | Third Circuit | 2020-04-02 | Denied | Response WaivedIFP | due-process federal-circuit fifth-amendment just-compensation patent takings-clause | Whether the United States Court of Appeals for the Federal Circuit erred in holding that the Takings Clause of the Fifth Amendment does not require th… |
| 19-8059 | Lakshmi Arunachalam v. Uber Technologies, Incorporated | Fifth Circuit | 2020-03-23 | Dismissed | Relisted (2)IFP | constitutional-breach contract-clause due-process judicial-misconduct patent patent-contract separation-of-powers supremacy-clause takings-clause | Whether collateral attack on the Contract between the inventor and the United States Patent and Trademark Office in bad faith by the entire Judiciary,… |
| 19-1074 | Celgene Corporation v. Laura A. Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director, Patent and Trademark Office | Federal Circuit | 2020-03-02 | Denied | Amici (1)Relisted (3) | administrative-review america-invents-act fifth-amendment inter-partes-review lucas-test patent-rights patent-rights-takings patent-trial-and-appeal-board patents penn-central-test property-rights takings takings-clause | Whether retroactive application of inter partes review to patents issued before passage of the America Invents Act violates the Takings Clause of the … |
| 19-7169 | Daniel Eric Cobble v. United States | Eleventh Circuit | 2020-01-06 | Denied | Response WaivedRelisted (2)IFP | civil-procedure civil-rights commercial-value due-process fifth-amendment just-compensation patent physical-appropriation public-use standing takings takings-clause | Whether the Takings Clause of the Fifth Amendment requires the government to pay just compensation when it physically appropriates private property fo… |
| 19-798 | Bay Point Properties, Incorporated v. Mississippi Transportation Commission, et al. | Fifth Circuit | 2019-12-23 | Denied | civil-procedure civil-rights constitutional-law due-process eleventh-amendment just-compensation just-compensation-clause property-rights sovereign-immunity state-immunity state-liability takings takings-clause | Whether the 'self-executing' Just Compensation Clause abrogates a State's Eleventh Amendment immunity, allowing a property owner to sue the State for … | |
| 19-7031 | Allen James Hancock v. Texas | Texas | 2019-12-20 | Denied | IFP | 5th-amendment administrative-law civil-procedure due-process equal-protection land-use property-rights regulatory-takings standing statutory-interpretation takings-clause | Whether the Fifth Amendment's Takings Clause prohibits the government from requiring a property owner to dedicate a public easement as a condition of … |
| 19-692 | Sunil Deo v. California | California | 2019-12-02 | Denied | Amici (2) | 14th-amendment 5th-amendment civil-procedure constitutional-law due-process federal-law fifth-amendment penal-code property-rights state-law takings takings-clause | Does California's application of Penal Code section 115 to deprive lienholders of their property constitute an uncompensated taking in violation of th… |
| 19-6764 | Nicole Rena McCrea v. District of Columbia Police & Firefighter's Retirement and Relief Board | District of Columbia | 2019-11-27 | Denied | Response WaivedIFP | administrative-hearing administrative-procedure civil-rights constitutional-challenge disability disability-benefits disability-provisions due-process employment police-firefighters property-interest property-rights takings takings-clause | Are the provisions of the United States Constitution, Amendment 5, Due Process Clause, compelled and/or implied as pertains to the expressed statutory… |
| 19-601 | Collabo Innovations, Inc. v. Sony Corporation, et al. | Federal Circuit | 2019-11-07 | Denied | Relisted (4) | 5th-amendment america-invents-act due-process inter-partes-review leahy-smith-america-invents-act patent retroactive-application retroactivity takings-clause | Does the retroactive application of inter partes review to a patent that issued before the passage of the Leahy-Smith America Invents Act, Pub. L. No.… |
| 19-554 | 50 Murray Street Acquisition LLC v. John Kuzmich, et al. | New York | 2019-10-30 | Denied | Amici (2) | due-process fifth-amendment fourteenth-amendment judicial-takings lower-manhattan-revitalization-plan property-rights rent-stabilization section-421-g takings-clause | Whether courts can eliminate established property rights without just compensation |
| 19-6396 | Charles Jordan v. John H. Magill, et al. | Fourth Circuit | 2019-10-25 | Denied | IFP | civil-forfeiture civil-rights constitutional-provisions criminal-law-enforcement due-process equal-protection jurisdiction just-compensation standing takings-clause | Whether the Sixth Circuit erred in holding that the Takings Clause does not prohibit the government from taking private property without just compensa… |
| 19-447 | Keith Puntenney, et al. v. Iowa Utilities Board, et al. | Iowa | 2019-10-03 | Denied | Response Waived | common-carrier eminent-domain fifth-amendment incidental-benefits kelo-precedent kelo-v-city-of-new-london public-purpose public-use takings takings-clause | Does a state's exercise of eminent domain satisfy the 'public use' requirement of the Fifth Amendment's Takings Clause if the only benefits experience… |
| 19-408 | Garey R. Nehrke v. Wells Fargo Bank, N.A. | Florida | 2019-09-26 | Denied | Response Waived | constitutional-rights federal-jurisdiction federal-jurisdiction-banking foreclosure-fraud gse-state-actors gses mortgage-securitization national-bank-act national-banks securities-law state-actors state-preemption takings-clause whistleblower-retaliation | Whether Wells Fargo and others under National Bank Act, 12 U.S.C. 1 et seq. exclusive federal regulation and pre-emption, along with restrictions on s… |
| 19-365 | John Barth v. United States | First Circuit | 2019-09-19 | Denied | Response Waived | 4th-amendment civil-rights compensation constitutional-rights copyright copyright-law due-process equal-protection federal-jurisdiction seizure sovereign-immunity takings takings-clause | Violation of Constitutional Rights |
| 19-318 | Francis A. Bottini, Jr., et al. v. City of San Diego, California, et al. | California | 2019-09-09 | Denied | Amici (2)Response Waived | due-process first-english first-english-precedent investment-backed-expectations penn-central penn-central-test property-rights regulatory-taking regulatory-takings single-family-housing takings takings-clause temporary-takings | Should the investment-backed-expectations test of Penn Central be construed to totally bar recovery whenever the purchaser of a single-family lot is u… |
| 19-286 | Cranston Police Retirees Action Committee v. City of Cranston, Rhode Island | Rhode Island | 2019-09-04 | Denied | constitutional-rights contracts-clause municipal-law police-power public-purpose retirement-benefits takings-clause vested-rights | Whether the City's self-interested impairment of the retirees' contractually vested COLA benefits is a violation of the Contracts Clause of the United… | |
| 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 | Whether the Government can claim title to privately owned land and actively work to make that property unsaleable, without triggering the Fifth Amendm… |
| 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 |
| 19-5418 | Walter Lee Brown v. James Deal, Warden | Eleventh Circuit | 2019-07-31 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process fifth-amendment free-speech jurisdiction land-use-regulation property-rights regulatory-takings standing takings-clause | Whether the Sixth Circuit Court of Appeals erred in holding that the Takings Clause of the Fifth Amendment does not prohibit the government from requi… |
| 18-1545 | Tracy Guerin v. Mickey Fowler, et al. | Ninth Circuit | 2019-06-14 | Denied | Amici (2)Relisted (2) | constitutional-law due-process eleventh-amendment pension-transfer property-rights public-pensions retrospective-application state-authority state-immunity statutory-benefits takings takings-clause | Whether employees have a constitutional right to a particular method for calculating interest on their accumulated pension contributions when transfer… |
| 18-1538 | Dartmond Cherk, et al. v. Marin County, California | California | 2019-06-13 | Denied | Amici (4)Response RequestedRelisted (4) | development-exactions development-fees dolan-v-city-of-tigard due-process essential-nexus koontz-v-st-johns-river-water-management-district land-use legislative-exactions nollan-v-california-coastal-commission permit-conditions property-rights rough-proportionality takings takings-clause unconstitutional-conditions | Whether permit conditions are exempt from review under the unconstitutional-conditions doctrine when their intended purpose is not to mitigate adverse… |
| 18-1535 | Letica Land Company, LLC v. Anaconda-Deer Lodge County, Montana | Montana | 2019-06-12 | Denied | 5th-amendment claim-of-right due-process fifth-amendment government-liability inverse-condemnation mistaken-claim-of-right physical-invasion property-rights takings takings-clause takings-clause-5th-amendment | Whether the Montana Supreme Court erred in holding that the government can avoid Fifth Amendment liability when it continually physically invaded and … | |
| 18-1512 | Michael McClain, et al. v. California Department of Tax and Fee Administration, et al. | California | 2019-06-05 | Denied | Response Waived | administrative-procedure constitutional-law constitutional-violation due-process escheat private-property property-rights standing statutory-scheme takings-clause | Does a State violate the Due Process Clause and trigger a right to just compensation under the Takings Clause when it permanently escheats private pro… |
| 18A1198 | Lynn Lumbard, et al. v. City of Ann Arbor, Michigan | Sixth Circuit | 2019-05-20 | Presumed Complete | constitutional-interpretation federal-claims property-rights ripeness state-court-remedies takings-clause | Whether the Court should reconsider the exhaustion requirement for federal takings claims under Williamson County | |
| 18-1429 | Stahl York Ave. Co., LLC v. City of New York, New York, et al. | New York | 2019-05-14 | Denied | Amici (2)Response Waived | administrative-agency administrative-law due-process fact-findings fifth-amendment independent-judicial-fact-finding independent-judicial-factfinding judicial-review just-compensation property-rights takings-clause | Whether a property owner suing an administrative agency for violating the Takings Clause of the Fifth Amendment is entitled to develop the facts suppo… |
| 18-1417 | Yankton County, South Dakota v. United States | Federal Circuit | 2019-05-13 | Denied | Response Waived | accrual-suspension accrual-suspension-rule fifth-amendment fifth-amendment-taking government-action gradual-physical-process inverse-condemnation property-rights stabilization-doctrine takings takings-clause united-states-v-dickinson | When a taking arises from a gradual physical process, may the claimant postpone filing suit until the situation stabilizes? |
| 18-1404 | Dorsey Eugene Wallace v. Gary Edward Wallace, et al. | Georgia | 2019-05-08 | Denied | 5th-amendment corporate-stock court-of-appeals due-process fifth-amendment georgia-court-of-appeals judicial-review judicial-taking property-rights standard-for-judicial-taking stock-ownership stop-the-beach takings takings-clause well-established-property-right | Judicial taking of petitioner's stock ownership in Wallace Electric Company | |
| 18-1392 | John M. Barone v. Wells Fargo Bank, N.A. | Eleventh Circuit | 2019-05-06 | Denied | Response Waived | civil-rights constitutional-property-rights constitutional-rights due-process fannie-mae federal-jurisdiction foreclosure foreclosure-fraud nemo-dat-quod-non-habet pro-se-litigation securities securities-law standing state-actor takings takings-clause | Whether the U.S. government's unconstitutional involvement in millions of foreclosures through FHFA and de facto state-actor Fannie Mae subjects it to… |
| 18-1368 | San Diego Gas & Electric Company v. California Public Utilities Commission | California | 2019-05-01 | Denied | Amici (6)Response RequestedResponse WaivedRelisted (2) | 14th-amendment 5th-amendment due-process fifth-amendment fourteenth-amendment inverse-condemnation just-compensation public-utility ratepayers strict-liability takings takings-clause | Whether it is an uncompensated taking for public use in violation of the Fifth and Fourteenth Amendments for a State to impose strict liability for in… |
| 18-1278 | Corey A. Kerns, et al. v. Chesapeake Exploration, L.L.C., et al. | Sixth Circuit | 2019-04-08 | Denied | Response Waived | 42-usc-1983 due-process due-process-clause horizontal-drilling mineral-extraction mineral-rights permanent-physical-invasion property-rights regulatory-police-power state-action state-regulatory-police-power state-regulatory-power subsurface-rights takings-clause | Whether state regulatory police power statute allowing permanent physical invasion of private subsurface for oil/gas extraction violates due process a… |
| 18-8480 | Kevin Funk v. Montana | Montana | 2019-03-20 | Denied | IFP | allodial-tenure constitutional-rights contract contract-interference contract-rights due-process federal-land-patent irrevocable-trust land-ownership property-protection takings takings-clause | Is there a right for the irrevocable trustee and patent holder to redress any breach of the trust and hold and retain the land until in the judgement … |
| 18-8351 | Arek Fressadi v. Arizona Municipal Risk Retention Pool, et al. | Ninth Circuit | 2019-03-08 | Denied | Response WaivedIFP | due-process judicial-takings just-compensation nollan-dolan notice ongoing-violations property-rights statute-of-limitations statutes-of-limitations takings takings-clause | Whether a failure by government to provide Mullane notice, Nollan/Dolan burden-shifting protections, and/or Lucas/First English just compensation are … |
| 18-6840 | John H. Rosky v. Renee Baker, Warden, et al. | Nevada | 2018-11-28 | Denied | IFP | appellate-procedure constitutional-law criminal-procedure due-process economic-wipeout equal-protection fifth-amendment habeas-corpus property-rights standing takings-clause | Whether the Takings Clause of the Fifth Amendment protects the petitioner's property rights against the government's actions that result in a complete… |
| 18-532 | Sixty-01 Association of Apartment Owners v. Penny D. Goudelock | Ninth Circuit | 2018-10-23 | Denied | Amici (1)Response Waived | assessment-discharge bankruptcy-code bankruptcy-code-discharge chapter-13 chapter-13-bankruptcy community-association community-association-assessments due-process due-process-clause federalism fifth-amendment property-ownership ripeness-doctrine takings takings-clause | Does the Bankruptcy Code discharge community association assessments that accrue after the filing of a Chapter 13 bankruptcy even if the debtor retain… |
| 18-477 | Hugh Martin, et al. v. United States | Federal Circuit | 2018-10-15 | Denied | Response Waived | due-process easement-rights exhaustion-of-remedies federal-lands property-rights r.s.-2477 rs-2477 special-use-permit special-use-permits takings takings-clause | Whether parties owning property inside national forest boundaries must exhaust special use permitting requirements before bringing a takings claim whe… |
| 18-359 | St. Bernard Parish, et al. v. United States | Federal Circuit | 2018-09-19 | Denied | Amici (2) | catastrophic-flooding categorical-exemption causation constitutional-taking due-process flood-control flood-damage government-action government-inaction government-liability property-rights takings takings-clause takings-liability | When a government project foreseeably causes catastrophic flooding of private property, is the Government categorically exempt from takings liability … |
| 18-324 | Douglas Leone, et ux., as Trustees Under That Certain Unrecorded Leone-Perkins Family Trust Dated August 26, 1999, as Amended v. Maui County, Hawaii, et al. | Hawaii | 2018-09-13 | Denied | Amici (3) | 14th-amendment 5th-amendment economic-benefit economically-beneficial-use fifth-amendment fourteenth-amendment investment-use just-compensation land-use lucas-v-south-carolina-coastal-council natural-state property-rights regulatory-taking regulatory-takings takings-clause | Whether holding undeveloped property as an 'investment' or using it as a 'park' in its natural state constitutes economically beneficial or productive… |
| 18-5941 | Robert Earl Tippens, Jr. v. Virginia | Virginia | 2018-09-12 | Denied | Response WaivedIFP | civil-procedure civil-rights due-process fifth-amendment free-speech just-compensation property-rights regulatory-takings standing takings takings-clause | Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a portion of their private prop… |
| 18-294 | Nicholas Honchariw v. County of Stanislaus, California, et al. | Ninth Circuit | 2018-09-07 | GVR | Response RequestedResponse WaivedRelisted (3) | due-process final-determination ripeness state-court-procedures subdivision subdivision-approval taking-claims takings takings-clause williamson-county | Whether taking and due process claims arising from a subdivision disapproval ripen under Williamson County Regional Planning Commission et al. v. Hami… |
| 18-183 | Advanced Audio Devices, LLC v. HTC Corporation, et al. | Federal Circuit | 2018-08-09 | Denied | Amici (2)Response Waived | 5th-amendment aia america-invents-act constitutional-law due-process fifth-amendment inter-partes-review patent patent-law patents takings-clause | Whether inter partes review (IPR) of patents filed before enactment of the Leahy-Smith America Invents Act ("AIA") violates the Takings Clause of the … |
| 18-85 | Pamela B. Stuart v. Catherine S. Ryan, et al. | Florida | 2018-07-18 | Denied | Response Waived | 14th-amendment constitutional-remedies due-process judicial-takings just-compensation property-rights state-court-decisions state-courts takings-clause | Whether the Takings Clause applies to the decisions of state courts, and, if so, under what circumstances may this Court review and remedy state judic… |
| 18-54 | William A. Dabbs, Jr. v. Anne Arundel County, Maryland | Maryland | 2018-07-10 | Denied | Amici (2) | development-exaction dolan-v-city-of-tigard due-process koontz-v-st-johns-river-water-management-district land-use land-use-development land-use-regulation legislative-exactions legislative-taking monetary-exaction nollan-v-california-coastal-commission permit-conditions property-rights takings takings-clause unconstitutional-conditions | Whether legislatively proscribed monetary exactions on land use development are subject to scrutiny under the unconstitutional conditions doctrine as … |
| 18-5069 | William M. Uschock v. Pennsylvania | Third Circuit | 2018-07-02 | Denied | IFP | civil-procedure due-process eminent-domain fifth-amendment just-compensation mineral-rights natural-gas property-rights takings takings-clause | Whether the Pennsylvania Dunham Rule, which excludes natural gas from the definition of 'minerals' for purposes of mineral rights ownership, violates … |