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Property Owners › Takings Clause › Due Process

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Bradley Arant Boult Cummings LLP

CDC Issues Eviction Moratorium, but Will It Survive Legal Challenge?

Bradley Arant Boult Cummings LLP on

The Centers for Disease Control (CDC) recently issued a sweeping moratorium on most evictions through the end of 2020 as a means to stop the spread of COVID-19, which will go into effect on September 4, 2020. According to...more

Nossaman LLP

Can’t Sue Here – Federal Court Closed to Takings Claim

Nossaman LLP on

Since the U.S. Supreme Court’s decision in Knick v. Township of Scott (2019) 139 S.Ct. 2162 eliminated the requirement for a plaintiff to exhaust state court remedies before pursuing a takings challenge in federal court,...more

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