April 16, 2024
The U.S. Supreme Court ruled Tuesday in favor of landowners in a dispute with Texas, finding the owners can pursue their takings claim pursuant to state law but leaving open a larger Fifth Amendment takings question.
January 18, 2024
While U.S. Supreme Court justices may very well overturn a lower court ruling in a Texas takings dispute, a decision in favor of the state could open the floodgates for states across the country to avoid making payments in alleged takings disputes, experts say.
January 16, 2024
Both conservative and liberal U.S. Supreme Court justices questioned Tuesday how the state of Texas could avoid paying compensation to a landowner who had to contend with storm-related flooding on his land after the state installed a concrete wall on an interstate highway median.
January 12, 2024
The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes.
January 08, 2024
Petitioners in a Texas takings dispute told the U.S. Supreme Court late last week that the Fifth Amendment requires the Lone Star State to provide them just compensation for an alleged taking, in contrast to Texas' view that it is immune from such a suit in federal court.
December 21, 2023
Seventeen states have thrown their support behind Texas in a U.S. Supreme Court real estate takings dispute via an amicus brief filed Wednesday, arguing that Texas should be immune from being sued in federal court.
December 13, 2023
U.S. Solicitor General Elizabeth Prelogar filed an amicus brief in a U.S. Supreme Court takings dispute related to traffic barriers along a Texas highway, urging the high court to uphold the Fifth Circuit's ruling that the takings clause of the Fifth Amendment does not itself supply a cause of action for monetary relief against a state.
November 30, 2023
More than a dozen parties have collaborated on nine separate amicus briefs since the U.S. Supreme Court agreed to hear a takings dispute related to traffic barriers along a Texas highway, with support for plaintiff landowners coming from Realtor groups, the U.S. Chamber of Commerce, the American Farm Bureau and beyond.
November 14, 2023
Texas landowners told the U.S. Supreme Court that the Lone Star State should make them whole after a highway project spurred recurrent flooding on their land, urging the justices to rule that the U.S. Constitution allows individuals to sue states over property seizures even though Congress has not provided a cause of action.