What are a government’s risks when they deem a business not “essential” and require it to cease operations? Are such Emergency Orders effectively a “taking” of the business? And if so, will the governmental authority be...more
Key Points-
The Texas Supreme Court has been asked to consider what constitutes an “activated” foreign trade zone (FTZ) and thus ad valorem tax exemption.
The case at hand involves a FTZ subzone that was implied and...more
Key Point-
Property owners may now bring a regulatory takings or inverse condemnation claim in federal court without first exhausting state court remedies, overruling Williamson County....more
6/28/2019
/ 42 U.S.C. §1983 ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Precedential Opinion ,
Property Owners ,
Reversal ,
SCOTUS ,
State Law Remedies ,
Takings Clause
Key Points On June 11, 2019, the Houston First Court of Appeals issued a 34-page opinion holding that the University of Houston’s alleged infringement of a private citizen’s copyrighted photograph was not a taking under the...more
The new law clarifies legislative intent that the previous anti-boycott Israel law does not pertain to small contracts and individuals, but is it enough to address the Court’s constitutional concerns?
On May 7, 2019,...more
The decision’s ramifications are significant for both public condemnors and private landowners.
The Texas Supreme Court held on Friday that the City of Rowlett’s condemnation of land owned by a private developer was a...more
On Friday, March 8, a unanimous Texas Supreme Court affirmed the Fifth Court of Appeals and upheld the Dallas Police and Fire Pension System’s decision to cut the future interest rate on accounts established under a deferred...more