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Temporary Takings and the Adaptation Dilemma

6 May 2024, 7:33 am by Dan Farber

See Loretto (temporary physical invasions should be assessed by case-specific factual inquiry); Tahoe–Sierra (duration of regulatory restriction is a factor for court to consider); National Bd. of YMCA v. [read post]

Legal Planet - https://legal-planet.org/

[Josh Blackman] Justice Barrett on the Takings Clause and the Police Power

12 Apr 2024, 11:33 am by Josh Blackman

Loretto v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

WIPIP session 5: Anti-Circumvention

3 Feb 2024, 1:37 pm by Rebecca Tushnet

A: takings: Sony rootkit is installed, and you’re not allowed to remove it because of the power of the state; similar to Loretto v. [read post]

43(B)log - http://tushnet.blogspot.com/

[Josh Blackman] Merck Sues HHS, Claims Drug Price Negotiation Program Violates First and Fifth Amendment

6 Jun 2023, 11:25 am by Josh Blackman

Loretto v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Ilya Somin] Federal Jury Awards $59,000 in Takings Compensation to Property Owner Whose House was Severely Damaged by SWAT Team Pursuing a Suspect

22 Jun 2022, 9:29 pm by Ilya Somin

Loretto v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Seven Levels of Fallout from the Eviction Moratorium Case

26 Aug 2021, 9:37 pm by Josh Blackman

See Loretto v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

U.S. SUPREME COURT FINDS REQUIRED ACCESS TO FARMWORKERS ON PRIVATE LANDS TO BE A PHYSICAL TAKING

31 Jul 2021, 8:46 am by Patricia Salkin

See also Loretto v. [read post]

Law of the Land - http://lawoftheland.wordpress.com/

U.S. SUPREME COURT HOLDS THAT TEMPORARY ACCESS TO PRIVATE PROPERTY THAT IS APPROPRIATED BY THE GOVERNMENT IS A PER SE PHYSICAL TAKING, GIVING RISE TO NUMEROUS NEW QUESTIONS ABOUT THE LAWFULNESS OF MANY GOVERNMENT INSPECTION REGIMES

13 Jul 2021, 3:00 am by Glen C. Hansen and Daniel S. Cucchi

Those are (1) where government requires an owner to suffer a permanent physical invasion of her property (see e.g., Loretto v. [read post]

Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/

U.S. SUPREME COURT HOLDS THAT TEMPORARY ACCESS TO PRIVATE PROPERTY THAT IS APPROPRIATED BY THE GOVERNMENT IS A PER SE PHYSICAL TAKING, GIVING RISE TO NUMEROUS NEW QUESTIONS ABOUT THE LAWFULNESS OF MANY GOVERNMENT INSPECTION REGIMES

13 Jul 2021, 3:00 am by Glen C. Hansen and Daniel S. Cucchi

Those are (1) where government requires an owner to suffer a permanent physical invasion of her property (see e.g., Loretto v. [read post]

Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/

[Josh Blackman] Are there three, four, or five votes to overrule Kelo?

2 Jul 2021, 11:33 pm by Josh Blackman

Roberts basically rewrote Loretto. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Cedar Point Nursery v. Hassid Quietly Rewrote Four Decades of Takings Clause Doctrine

24 Jun 2021, 9:39 pm by Josh Blackman

" Loretto v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Ilya Somin] Supreme Court Ducks Opportunity to Clarify Regulatory Takings Doctrine—Over a Strong Dissent by Justice Thomas

22 Feb 2021, 1:46 pm by Ilya Somin

This occurs categorically whenever a regulation requires a physical intrusion, Loretto v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Jonathan H. Adler] Supreme Court Rejects Opportunity to Reconsider Penn Central

22 Feb 2021, 9:58 am by Jonathan H. Adler

This occurs categorically whenever a regulation requires a physical intrusion, Loretto v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Grandchildren in Sandboxes, Elephants in Watering Holes

21 Apr 2020, 5:00 am by Josh Blackman

See Loretto v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Supreme Court Lightens Property Owners’ Procedural Burdens in “Taking” Cases

28 Jun 2019, 9:51 am by Barbara Lichman

The Supreme Court has broadened its interpretation of the term “taking” over the years, from “physical occupation of property,” Loretto v. [read post]

Aviation and Airport Development Law - http://www.aviationairportdevelopmentlaw.com/

Substantive and procedural due process in the Third Circuit

20 Oct 2018, 12:45 pm by Lawrence B. Ebert

See Loretto v. [read post]

IPBiz - http://ipbiz.blogspot.com/

Oral Argument in Horne v. Department of Agriculture

22 Apr 2015, 7:12 pm by Calvin Massey

Oral argument in Horne v. [read post]

The Faculty Lounge - http://www.thefacultylounge.org/

[Orin Kerr] Court adopts a Fourth Amendment right to the deletion of non-responsive computer files

18 Jun 2014, 12:06 am

See United States v. [read post]