Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

US Courts of Appeal


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?


Arent Fox Files Fifth Amendment Takings Brief in Hurricane Katrina Case

Arent Fox's Federal Takings team has filed an amicus (friend of the court) brief in an important Fifth Amendment takings case involving the government's role in the flooding of New Orleans during and after Hurricane Katrina. The brief, filed in the US Court of Appeals for the Federal Circuit in St. Bernard Parish Government v. United States, is available here.


The Wall Street Journal Story on Mexican Border Wall Features Federal Takings’ Clients and their Border-imposed Struggles

John Ladd, a Bisbee, Arizona rancher who owns and operates a ranch with his family along the U.S.-Mexican border, was quoted in a feature article published yesterday in The Wall Street Journal. Ladd and his family fought the federal government in court for almost a decade over the takings of the family’s ranchland. The land at the center of the protracted court battle further complicates the effort to curb illegal immigration along the US-Mexico border.


Federal Government Argues (and Loses) that Property Owner Is Not Entitled to Interest from the Date of the Government’s Taking of the Property Because the Landowner Was Not Yet Aware that the Government Took the Property

Even when the federal government fights and loses its argument that property owners are not entitled to just compensation when the government takes their property, it doesn’t stop making irresponsible arguments on how much compensation the landowner is due. In Otay Mesa Property, LP v.

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