takings

(LIIBULLETIN preview)

In 1975, California passed the Agricultural Labor Relations Act (“ALRA” or “Act”), which established the Agricultural Labor Relations Board (“ALRB” or “Board”). Cedar Point Nursery v. Shiroma at 526. The ALRB found that there were few opportunities for...

(Wex page)
Overview:

Eminent domain refers to the power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the...

(LIIBULLETIN preview)

In 1949, Respondent Department of Agriculture promulgated the Marketing Order Regulating the Handling of Raisins Produced from Grapes Grown in California (“Marketing Order”) under authority of the Agricultural Marketing Agreement Act of 1937 (“AMAA”)....

(LIIBULLETIN preview)

In 1969, John R. Sand & Gravel Co. (“JRS”) signed a 50 year lease for a 158-acre tract of land in Michigan. John R. Sand & Gravel Co. v. United States, 457 F.3d 1345, (Fed. Cir. 2006) at 2.  The lease provided JRS with the...

(LIIBULLETIN preview)

On December 20, 2012, Respondent Township of Scott, Pennsylvania (“Township”) enacted an ordinance relating to the “Operation and Maintenance of Cemeteries and Burial Places.” Knick v. Township of Scott at 3. The ordinance requires property owners...

(LIIBULLETIN preview (pre-2014))
[Question(s) presented] [Issue(s)] [Facts] [Discussion] [Analysis] Issue(s)

Whether the constitutional standards set out in Nollan and Dolan apply so that the government can be held liable for an improper taking when the government refuses...

(LIIBULLETIN preview)

Between 1994 and 1995, Joseph, Michael, Donna, and Peggy Murr (collectively, “the Murrs”), received from their parents two neighboring lots along the St. Croix River—Lots E and F. See Murr v. Wisconsin, No. 2013AP2828, at *2, 4 (Wis. Ct. App. Dec. 23,...