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Archive | Takings Clause

April 23, 2024

Sheetz v County of El Dorado __ S.Ct. __ [2024]

In Sheetz v County of El Dorado __ S.Ct. __ [2024], the Supreme Court of the United States held that fees imposed to mitigate traffic congestion that might result from erecting a home on a parcel of land must have an “essential nexus” to the government’s land-use interest  and must have a “rough proportionality” to the development’s impact on the land-use interest regardless of whether the fees are predetermined by a legislatively prescribed fee schedule or imposed on an individual and discretionary basis by an administrative branch of government.  The… read more

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Posted in exaction, Takings, Takings Clause
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May 30, 2023

We Are Taking Your House and Keeping the Change

Sometimes you truly wonder why a case has to be decided by the highest court in the land.  I mean the facts are so compelling; can there really be a legal issue? The Supreme Court handed down Tyler v Hennepin County, ____ US ____, (No. 22-166, May 25, 2023) last week.  The facts were that Geraldine Tyler, who was 94, owned a condominium that accumulated about $15,000 in unpaid real estate taxes along with interest and penalties.  Actually, the amount of unpaid taxes was $2,300.  The interest and penalties were… read more

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Posted in Fourteenth Amendment, Takings Clause, Tax Seizure
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November 4, 2019

Damage resulting from a police action is not a taking

A takings claim was recently denied by the United States Court of Appeals, Tenth Circuit in Lech v Jackson, 2019 U.S. App. LEXIS 32393 [10th Cir Oct. 29, 2019, No. 18-1051]. The claim was made following the destruction of a house resulting from a high-stakes police action to apprehend a criminal suspect who attempted to evade capture by hiding out in a home. The court wrote that where the state acts pursuant to its police power, its actions do not constitute a taking for the purpose of the Taking Clause… read more

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June 5, 2019

THE DAKOTA ACCESS PIPELINE PROJECT

The Supreme Court of Iowa ruled on May 31, 2019 that the Dakota Access Pipeline is a valid use of eminent domain in the State of Iowa. The Dakota Access Pipeline is set to be one of the largest pipelines in North America, running from North Dakota through South Dakota and Iowa to reach a refinery in Illinois.  The pipeline has been subject to a significant amount of controversy for its size and environmental impact as well as its location running through Indian Reservations. The current case was brought by… read more

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Posted in Dakota Access Pipeline, Pipeline Takings, Takings Clause, Uncategorized
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