Summary -
The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the...more
10/4/2023
/ Building Permits ,
Certiorari ,
Construction Project ,
Exactions ,
Fees ,
Fifth Amendment ,
George Sheetz v County of El Dorado ,
Land-Use Permits ,
Real Estate Development ,
SCOTUS ,
Sufficient Nexus ,
Takings Clause
Summary -
In Tyler v. Hennepin County, the U.S. Supreme Court unanimously held that a county’s retention of the excess value of a home in a tax sale violated the Takings Clause of the Fifth Amendment. The decision, which...more
The Township of Canton, Michigan, like many local governments, requires property owners who remove trees of a certain size to either replace those trees or pay into a fund for the planting of new trees. The Sixth Circuit...more
A ruling from the U.S. Supreme Court this week may have altered the landscape of takings claims by expanding the scope of physical takings. Since the landmark case of Penn Central Transportation Co. v. New York City, 438 U.S....more
6/25/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
A class-action lawsuit filed in the Eastern District of Pennsylvania late last week alleges that Governor Wolf’s orders closing non-life sustaining business constitute a taking requiring just compensation under the Fifth...more
3/31/2020
/ Business Closures ,
Class Action ,
Coronavirus/COVID-19 ,
Due Process ,
Emergency Management Plans ,
Eminent Domain ,
Executive Orders ,
Fifth Amendment ,
Operators of Essential Services ,
State and Local Government ,
Takings Clause