Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

US Supreme Court

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Bay Point Properties v. Mississippi Transportation Commission

Fifth Amendment takings guru Robert Thomas has filed a case on behalf of a Mississippi property owner whose land was taken without compensation for a park built by the Mississippi Department of Transportation. The case, Bay Point Properties v. Mississippi Transportation Commission, is now pending in the US Supreme Court, which will consider next month whether or not to hear this case. We hope it does.
 
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Arent Fox Files US Supreme Court Amicus Brief in Important Civil Liberties Case

Washington, DC — On April 21, Thor Hearne and Steve Davis of Arent Fox LLP filed an amicus brief before the US Supreme Court in Trinity Lutheran Church of Columbia, Inc. v. Pauley. This case will determine whether a church can be excluded as the recipient of a non-sectarian non-religious government program simply because it is a religious organization. Arent Fox’s brief can be found here.

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Thor Hearne Discusses Harris Case with the Federalist Society

The Federalist Society recently invited Arent Fox partner Thor Hearne to discuss his Supreme Court case, Harris vs. Arizona Independent Redistricting Commission, as part of their Teleforum series. In the podcast, titled “Packing Districts?: Harris v.

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Supreme Court Orders Department of Justice to Respond to Petition for Certiorari in Takings Case after Arent Fox Files Amicus Brief

The United States Supreme Court has ordered the Justice Department to respond to a landowner’s petition for certiorari in Ministerio Roca Solida v. United States after the Arent Fox Federal Takings team filed an amicus brief in the case.

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More News from the American Law Institute Eminent Domain Conference

One of the great benefits of attending the ALI Eminent Domain Conference is hearing from colleagues on developments in eminent domain law. Michael Berger, who argued several of the leading foundational Supreme Court cases on Fifth Amendment takings, presented an informative summary today of recent Supreme Court takings cases.

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Why We Need the Fifth Amendment: Lessons from the American Law Institute Eminent Domain Seminar

The American Law Institute’s annual Eminent Domain Seminar is one of the premier conferences in the country for lawyers and scholars who practice takings law at the highest level. Our Federal Takings team is in San Francisco this week attending the Seminar to keep up with the latest developments in the law and to update this national group on our work in rails-to-trails cases.

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Guarding Property Rights

I recently attended the Brigham-Kanner Property Rights conference at the College of William & Mary Law School. This annual gathering is a who’s-who of eminent property law professors and legal practitioners from across the country who expound upon the latest developments in the law. I often speak at this conference and serve on its advisory committee.

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Supreme Court Backs Landowners in Abandoned Railway Dispute

In March, the United States Supreme Court ruled in favor of the landowner in a pivotal Fifth Amendment property rights case that will allow thousands of people to maintain ownership of millions of acres of land across the country. By an 8-1 vote in Brandt v. United States, the Court preserved the certainty and predictability in land titles and upheld one of the fundamental policies of the country’s property law system.

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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.