Tags » Regulatory Takings

Voluntary Action Cannot be a Taking (Naturally)

Illustrating the principle that voluntariness is a defense to a takings claim, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a Florida hospital could not challenge a cap on reimbursements for providing medical treatment to federal detainees because the hospital voluntarily subjected itself to the requirement to provide medical care according to these terms. 270 more words

Regulatory Takings

The asserted "right to defend" coastal property

The California Court of Appeals has issued an interesting decision rejecting a takings claim based on restrictions imposed by the California Coastal Commission on landowners’ alleged “right to defend” their properties from coastal erosion. 445 more words

Regulatory Takings

California Supreme Court Recognizes a Partial Taking

The California Supreme Court offers landowners some good news and some bad news in its latest decision on “regulatory takings.” In Kavanau v. Santa Monica Rent Control Board (1997) 16 Cal. 702 more words

California Supreme Court

Government Warnings Are Not Takings

Last week, in Dimare Fresh, Inc. v. United States, the U.S. Court of Federal Claims affirmed that, after all, there really are some categorical limits to takings liability. 142 more words

Regulatory Takings

Coastal Retreat and the Takings Clause

The recent decision by the federal District Court for the Eastern District of North Carolina in the case of Town of Nags Head v. Toloczko… 788 more words

Regulatory Takings

Lost Tree Revisited

The “parcel as a whole rule” has long been one of the few ironclad rules one could count on in takings litigation.   But in a controversial decision issued on January 1, 2013, in… 638 more words

Regulatory Takings