Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Current Cases

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Case Update: BHL Properties, LLC v. United States

A group of Racine County, Wisconsin landowners has filed their inverse condemnation claims against the federal government. These landowners are seeking compensation for the taking of their property. The parties are finalizing the title stipulations and plan to begin the appraisal process this summer. Landowners should be paid by year’s end. 

For more information about this case, please contact Lindsay Brinton.    

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Case Update: D’Ostroph, et al. v. US and Benzin, et al. v. US

Case Information

D’Ostroph, et al.  v. United States

Benzin, et al.  v. United States

(formerly Deck v. United States and White v. United States)

Case Update

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Case Update: Faussett v. United States

More than a dozen landowners in Kent and Montcalm counties, Michigan have filed their inverse condemnation claims against the federal government seeking compensation for the taking of their property along the Fred Meijer Heartland Trail between Lowell and Greenville. This case follows the previous successful case in which Arent Fox LLP represented nearly 50 of their neighbors in receiving compensation for the taking of their property. 

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Case Update: Boyer v. United States

In 2014, dozens of landowners in Benton County, Oregon, filed their claims against the federal government for the taking of their property along an abandoned railroad right-of-way between Monroe and Corvallis that is slated to become a public recreational hiking and biking trail.  The government challenged the validity of these owners’ claims and the United States Court of Federal Claims in Washington D.C.

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Case Update: Abbott v. United States

More than 350 landowners have filed their inverse condemnation claims against the federal government in Benton, Cole, Franklin, Gasconade, Maries, Miller, Morgan, Osage and Pettis Counties. We have submitted the claims of these 350 owners to the Court and the government is currently reviewing them. We are also filing additional claims on behalf of other eligible landowners.

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Illinois Landowner Compensation Soon to Be Finalized in Balagna, et al v. US (Case No. 1:14-cv-00021-EDK)

Case Information
Ellen Balagna and Mark S. Balagna, et al v. The United States of America
Case No. 1:14-cv-00021-EDK

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Newton Trail Path Inverse Condemnation Case Develops (Case Nos. 14-397L,15-194L)

Case Information
Gloria J. Jackson, et al v. The United States of America
Mark Guenther, et al. v. United States of America
Case Nos. 14-397L, 15-194L

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Appraisal Pending: Mary A. Baker, et al v. US, Case No. 1:14-cv-00548-NBF

The government has admitted its liability for taking more than 15 properties in Cass, Pettis, Johnson, and Henry County, Missouri. The parties have retained a joint appraiser to value the amount of damages the government must pay the owners of these properties. The appraiser expects to be finished with the appraisal reports within the next 60 days and the landowners should be paid by year’s end.

To read our previous blog post about this case, click here.

Government Liability Admitted: Michael A. and Lenne Brown, et al v. US Case No. 1:14-cv-00094-EJD

The government has admitted its liability for taking more than 40 properties in McMinn County, Tennessee. The parties have retained a joint appraiser to value the amount of damages the government must pay the owners of these properties. The appraiser expects to be finished with the appraisal reports within the next 60 days and the landowners should be paid by year’s end.

To read our previous post about this case, click here.

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Case Update: Bratcher v. U.S. No. 15-986 L

More than twenty Lexington, Missouri landowners have filed their inverse condemnation claims against the federal government. These landowners are seeking compensation for the taking of their property for the City of Lexington rail-trail conversion. The government must respond to these claims by the end of April. Thereafter, the parties will enter the valuation stage of the litigation wherein they determine the amount of damages the federal government owes these landowners. 

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