PLF Urges Washington State to Recognize the Viability of Temporary Takings Claims

Earlier this week, PLF attorneys filed an amicus brief urging the Washington Supreme Court to review the takings case, 10 North Washington Ave., LLC v. City of Richland. In 2008, 10 North Washington Ave., LLC (NWA) purchased vacant land from … Continue reading

Federal Circuit upholds takings decision in Arkansas Game & Fish

Earlier today, the Federal Circuit Court of Appeals issued its remand decision in Arkansas Game & Fish Commission v. United States, upholding the trial court’s conclusion that the Army Corps of Engineers took Arkansas Game & Fish’s property. As you … Continue reading

Cato Constitution Day Conference

Tuesday I had the good fortune to attend Cato’s Constitution Day Conference.  The conference consisted of several panels of legal experts discussing the leading liberty-related cases of the 2012 Supreme Court Term, as well as a discussion of next Term’s … Continue reading

Inconsistent language = inconsistent justice

Earlier this week, I put the finishing touches on an article discussing the U.S. Supreme Court’s decision in Arkansas Game & Fish Commission v. United States. As you may recall, the case began when the U.S. Army Corps of Engineers, … Continue reading

Arkansas Game & Fish did not overturn the well-settled physical takings test

Yesterday, PLF attorneys filed an amicus brief in the remand proceedings in Arkansas Game & Fish Commission v. United States. As you may recall, late last year, the U.S. Supreme Court held that temporary, government-induced flooding is not categorically exempt … Continue reading

Arkansas Game & Fish: buying unity at the expense of clarity?

Professor Ilya Somin, writing on the Volokh Conspiracy, praised today’s U.S. Supreme Court decision in Arkansas Game & Fish Commission v. United States as “a rare unanimous victory for property rights” and “an important step in rejecting the federal government’s … Continue reading

Important property rights victory in Arkansas Game & Fish Commission v. United States

In a major property rights decision, the United States Supreme Court today, in an 8-0 opinion, held that the Takings Clause of the U.S. Constitution protects against all government invasions of private property, even if the intrusion isn’t permanent. The … Continue reading

More thoughts on the Arkansas Game & Fish Commission argument

Earlier this week, the U.S. Supreme Court heard arguments in the temporary taking case, Arkansas Game & Fish Commission v. United States (the transcript/audio can be found here).  The issue in this case is whether government-caused flooding must continue permanently … Continue reading

Reason’s coverage of Arkansas Game & Fish Commission

Yesterday, Reason published an article about the temporary taking case, Arkansas Game & Fish Commission v. United States. The article, insighfully titled Protecting Property Rights from the Army Corps of Engineers, summed up the case as follows: In the present case, repeated … Continue reading