Property Rights
CCA Associates v. United States (2009)
Whether Acts of Congress requiring property owners to rent apartments below-market value for longer than the property owner agreed to constitutes a taking under the Fifth Amendment.
California Building Industry Association v. City of San Jose (2016)
Whether a California law mandating that all new housing buildings with 20 or more units reserve fifteen percent of the total units to be sold below market value constitutes a violation of the Takings Clauses of the United States Constitution and California Constitutions.
Arkansas Game and Fish Commission v. U.S. (2012)
Whether the Federal Government is liable under the Takings Clause of the Fifth Amendment for temporarily flooding property it does not own.
Horne v. Department of Agriculture (2015)
Whether the portion of the Agricultural Marketing Agreement Act of 1937 (AMAA) that authorizes the Department of Agriculture to seize portions of raisin harvests to maintain stability in the raisin market is an unconstitutional taking of personal property without just compensation under the Takings Clause of the Fifth Amendment.
Foster v. Vilsack (2016)
Whether federal courts should defer to an agency construction of an interpretive field manual. Additionally, whether the use of a remote comparison site, pre-selected ten years prior and without notice to the petitioners or an opportunity to be heard, as the sole means of determining that their land supports wetland plants, violates their rights to due process of law under the Fifth Amendment.
Arrigoni v. Durham (2015)
Whether Arrigoni Enterprises' private land being denied a permit for development was, in essence, an unconstitutional inverse condemnation of Arrigoni Enterprises' land. Additionally, whether the denial of permit applications violated Arrigoni Enterprises' rights to substantive due process and equal protection under the law.
Harmon v. Kimmel (2011)
Whether rent controls and similar regulations placed on landlords qualify as unconstitutional takings and so require just compensation under the Takings Clause of the Fifth Amendment. Also, whether such rent control schemes violate the Contract Clause of Article I, Section 10, which prohibits states from impairing the obligation of contracts.
Kelo v. City of New London, Connecticut (2005)
Whether the Public Use Clause of the Fifth Amendment prohibits the government from transferring real property from one private owner to another to further economic development.
Murr v. Wisconsin (2017)
Whether a government regulation restricting the use of the privately owned land constitutes a regulatory taking under the Fifth Amendment. Specifically, whether an ordinance that prohibits the individual development or sale of adjacent, substandard lots under common ownership, unless an individual lot has at least one acre of net project area, violates the Takings Clause of the U.S. Constitution, which reads, nor shall private property be taken for public use, without just compensation.
