Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings



Brott v. United States, No. 17-712 (U.S. Supreme Court), 858 F.3d 425 (6th Cir. 2017)

UPDATE: The Supreme Court has ordered (requested) the Solicitor General to file a response to our petition.

Question presented: May the federal government take an owner’s property in violation of the Fifth Amendment and deny the owner the ability to vindicate his right to be justly compensated in an Article III Court with right to jury trial as provided in the Seventh Amendment?


Michigan Landowners Petition Sixth Circuit Court of Appeals for Rehearing on Critical Constitutional Question

In Brott v. United States, a group of Michigan landowners are courageously demanding their right to a jury trial and right to be heard in a judicial court (instead of a legislative court without a jury) in their lawsuit seeking compensation for the federal government’s taking of their land.


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. 


"Restoring Fairness to Federal Land Seizures": Perry Penderly Comments on Brott v. United States

We are gratified to see that our takings case brought on behalf of landowners in Muskegon, Michigan (Brott v.


Court of Federal Claims Rejects Government’s Attempt to Dismiss Michigan Landowners’ Takings Claims

Arent Fox’s Federal Takings team filed two lawsuits on behalf of Michigan landowners seeking “just compensation” under the Fifth Amendment for the taking of their land for the creation of a recreational rail-trail.  The lawsuits were filed in the U.S. Court of Federal Claims (CFC) and the U.S. District Court for the Western District of Michigan.  As we recently noted, our lawsuits have attracted national support.


Property Rights Groups File Briefs in Support of Our Case in Brott v. United States


Robert Thomas: “Congress Cannot Limit Property Owners’ Rights to ‘Just Compensation’ by Narrowing the Court of Federal Claims Jurisdiction, Especially with an Absurd Statute”

As our friend and takings law expert Robert Thomas noted today here, Congress, by statute, cannot limit the Constitution’s guarantee that landowners receive “just compensation” when the government takes their property.


Update: Brott v. United States

We had a good status conference with Judge Neff in Brott v. United States in the US District Court for the Western District of Michigan. Judge Neff set the briefing schedule for the arguments on the federal government’s effort to deny the Michigan owners their right to compensation for property the federal government took from these owners. The government’s brief is due by June 3rd and our response as well as any amici interested in supporting these Michigan owners briefs are due by July 1st. This issue will be ready for a decision by mid-July.



The Right to Just Compensation under the Fifth Amendment is a ‘Constitutional Imperative’

As takings guru Robert Thomas noted on his Inverse Condemnation blog, Arent Fox’s landmark complaint in Brott v. United States (W.D. Michigan, available here) raises the same constitutional questions raised in Ministerio Roca Solida v.


Federal Government Wrongly Asserts US Court of Federal Claims Has No Jurisdiction over Michigan Landowners’ Compensation Claims in Brott v. U.S.

Arent Fox filed claims for compensation on behalf of Michigan landowners’ whose property was taken by the federal government for the construction of a recreational trail. The claims were filed in both the US Court of Federal Claims and the US District Court for the Western District of Michigan (US District Court complaint here).


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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.