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Although the advocate didn't answer directly -- indeed, as we see it, he didn't answer this question at all -- this perked our ears up, because we think it was getting to the point of whether this case presents one like Preseault v United States where the Court upheld the Rails-to-Trails Act against a Commerce Clause challenge, but also noted that preventing the operation of a state property law easement reversion might be a taking. [read post]
14 Mar 2014, 12:01 am by Robert Thomas (inversecondemnation.com)
All the Supreme Court's ruling in the case meant is that this strategy failed, and the existing process, envisioned long ago by the Court in Preseault v. [read post]
17 Feb 2012, 12:01 am by Robert Thomas (inversecondemnation.com)
In all of these cases, the government has lost this argument.It is not at all surprising that since Preseault I, 494 U.S. 1 (1990), and Preseault II, 100 F.3d 1525 (Fed. [read post]