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State and Local Government › Regulatory Takings › Takings Clause

Brownstein Hyatt Farber Schreck

Sheetz and Takings Law Revisited

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El Dorado County Traffic Development Fee Survives Scrutiny on Remand - Following the U.S. Supreme Court’s decision in Sheetz v. County of El Dorado, 144 S.Ct. 893 (2024), which held that the Takings Clause applies to...more

Otten Johnson Robinson Neff + Ragonetti PC

Businesses Shuttered by COVID-19 Lockdowns Seek Supreme Court’s Revision of Modern Takings Law

Otten Johnson Robinson Neff + Ragonetti PC on

Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

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The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Nossaman LLP

Supreme Court Develops New Multifactor Balancing Test to Determine What Constitutes a “Larger Parcel” in Regulatory Takings Cases

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Last week, the United States Supreme Court in Murr v. Wisconsin issued a key regulatory takings decision which creates a new multifactor balancing test to determine whether two adjacent properties with single ownership could...more

Holland & Knight LLP

U.S. Supreme Court Establishes New Test for Evaluating Property Rights Under the Takings Clause

Holland & Knight LLP on

In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more

Eversheds Sutherland (US) LLP

Redefining the Denominator: Supreme Court Adopts New Test in Regulatory Taking Case 

Eversheds Sutherland (US) LLP on

In Murr v. Wisconsin, the US Supreme Court declined to find that a landowner's riverfront property was the subject of a regulatory taking. In a 5-3 decision, the majority adopted a new test for defining the bounds of the...more

Holland & Knight LLP

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

Holland & Knight LLP on

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more

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