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U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Bipartisan Infrastructure Law Spurs Increased Use of Eminent Domain

The Infrastructure Investment and Jobs Act (IIJA)—signed into law in 2021—authorizes $1.2 trillion in spending for public works projects, such as highway widenings. Millions of acres of private property will likely be needed...more

Supreme Court Holds Property Owners Can Recover Surpluses From Tax Sales As Unconstitutional Takings

Summary - In Tyler v. Hennepin County, the U.S. Supreme Court unanimously held that a county’s retention of the excess value of a home in a tax sale violated the Takings Clause of the Fifth Amendment. The decision, which...more

Sixth Circuit Rules That Tree Ordinance Is a Taking

The Township of Canton, Michigan, like many local governments, requires property owners who remove trees of a certain size to either replace those trees or pay into a fund for the planting of new trees. The Sixth Circuit...more

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