Justice Clarence Thomas decried the state of Fifth Amendment land-taking precedent in a brief dissent Monday after the Supreme Court refused to hear a Hawaii zoning dispute.
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Businesses like restaurants and hair salons say New Mexico’s shutdown orders amount to a “taking” under the U.S. Constitution — one they should be reimbursed for.
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A challenge to Minnesota’s effort to put cheap insulin in the hands of impoverished diabetics faced its first hurdle Tuesday in federal court, where a pharmaceutical lobbying group argued for an injunction to prohibit the law’s enforcement.
Read moreTwo California farms fighting a state law that lets union organizers access their property, with some restrictions, can mount their takings challenge at the U.S. Supreme Court, the justices said Friday.
Read moreThe Obama Presidential Center can occupy 20 acres of public land in Chicago’s Jackson Park, the Seventh Circuit ruled, finding the plaintiffs who wish to stop the project do not have a property interest in the land and that the center, with its museum, library, gardens and more, is a use of the land with public benefits.
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A Minnesota law creating an insulin safety net for impoverished diabetics went into effect Wednesday, but it was met with a surprise legal challenge from major manufacturers of the lifesaving hormone.
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New Yorkers with trouble making rent during the coronavirus pandemic have a couple more months of breathing room, with a federal judge upholding Governor Andrew Cuomo’s eviction moratorium on Monday.
Read moreEleven businesses and three people sued Seattle in a federal class action, claiming its toleration of protesters occupying the Capitol Hill Autonomous Zone is an unconstitutional taking and a nuisance that denied the plaintiffs due process.
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Russia must pay damages to a couple whose property was confiscated and demolished to make way for a municipal building, the European Court of Human Rights ruled Tuesday.
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A federal judge dismissed the claims of Houston residents seeking to hold the government liable for flooding their homes with Hurricane Harvey storm water released from two dams, finding there is no constitutional right to “perfect flood control.”
Read moreThe Lake Ridge and Hammond school districts sued Indiana, claiming its law on “the sale or lease of school property for one dollar ($1.00) or not more than the minimum bid” to charter schools is an unconstitutional taking, in Lake County Court.
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The government is liable for flooding Houston homes with Hurricane Harvey runoff that backed up behind two dams, a federal judge ruled Tuesday, rejecting claims the risk was clearly laid out in public documents years before the storm hit.
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Property owners argued in the Houston federal courthouse Wednesday that the U.S. Army Corps of Engineers knew it would flood downstream homes and businesses when it released water from two dams in the aftermath of Hurricane Harvey.
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Affirming summary judgment, the 10th Circuit ruled Tuesday that a Colorado family is not entitled to compensation after a 19-hour standoff between police and a shoplifter left their home uninhabitable.
Read moreIs it inevitable that another massive storm like Hurricane Harvey will bring disastrous flooding to Houston? Seeking to avoid government liability for home flooding caused by two Houston-area dams retaining runoff from the historic deluge, a Justice Department attorney argued Friday the probability of another Harvey is “incredibly low.”
Read moreThe federal government must face Louisiana landowners’ claims relating to land the Army Corps of Engineers took after Hurricane Katrina, a federal court ruled. The landowners claim the government took their property without compensation by altering shoreline along Lake Pontchartrain to improve the flood control system for New Orleans.
Read moreTown officials who traipsed on a Pennsylvania woman’s land, hunting for unmarked graves, could be on the hook for federal damages, the Supreme Court ruled Friday.
Read moreFor 13 years Eleonora Slovokhotova knew nothing of the danger lurking in her suburban Houston neighborhood, which she describes as “a wonderful area, golf courses and happy smiling faces.” The intruder stole softly into living rooms one night in August 2017 after the U.S. Army Corps of Engineers closed the gates on two dams amid historic flooding.
Read moreThe Houston home Carl and Cynthia Miller bought in 1988 sits empty, stripped to the studs. The neighborhood was once inhabited by close-knit homeowners who watched out for each other’s kids. Hurricane Harvey washed out the kinship and brought in a tide of renters.
Read moreThe Court of Federal Claims dismissed a complaint by cattle ranch owners about military flyovers, as flyovers are not a taking for which the ranchers can be compensated.
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