Bloomberg Law article on the Court of Appeals Decision
The owners of land adjacent to a former railroad line converted to a hiking trail under the rails-to-trails program will have another chance to pursue takings claims after the Federal Circuit said the government failed to prove that the landowners didn’t own the property beneath the rail line. A Florida-law doctrine known as the “centerline...
True North Wins Significant Victory for Landowners in the Federal Circuit
True North represents Miami, Florida landowners whose property the Federal government took under the federal Trails Act. The federal Trails Act imposes a new easement for public recreation and a future possible railroad across landowners’ property. The United States Supreme Court has ruled that when the federal government invokes the Trails...
Major Win in the US Court of Appeals for the 11th Circuit
In a unanimous panel opinion, the 11th Circuit Court of Appeals ruled in our favor that a property owner is qualified to testify at trial regarding the value of her property, including severance damages, when a natural gas pipeline company took her property by eminent domain. Even though it is a long-established rule of evidence that property...
Thor Hearne Interviewed by Sarasota ABC 7 News – Legacy Trail
Thor Hearne Interviewed by Sarasota ABC 7 News about Sarasota County’s Demand that Landowners Remove “Encroachments” from the Legacy Trail Right-of-Way. Thor Hearne was interviewed by a reporter for Sarasota ABC 7 News about Sarasota County’s recent demand letter sent to hundreds of landowners along the northern extension of the Legacy Trail. ...
Sarasota, Florida Legacy Trail Case : ALERT
True North Law is responding to notices sent by Sarasota County to hundreds of Sarasota landowners. Sarasota County’s notices demand that landowners remove all “encroachments,” which include swimming pools, sheds, septic and drainage fields, patios, and other structures, from the Legacy Trail right-of-way on their property prior to February...
Amicus Brief in Hardy v. United States Trails Act Taking Case
On November 6, 2019, True North Law filed an amicus brief in the U.S. Court of Appeals for the Federal Circuit on behalf of property rights organizations and a prominent legal scholar in support of Georgia landowners whose land was taken by the federal government for a public recreational rail-trail. The Cato Institute, Southeastern Legal...
Sarasota FL – Legacy Trail Easement
This lawsuit is a Fifth Amendment taking case in which Sarasota County Florida landowners ask this Court to order the federal government to pay them for property the federal government took from them. The government took these owners’ land for the northern extension of the Legacy Trail between Sarasota and Venice. The Legacy Trail is a public...
Brandt v. United States amicus brief
(U.S. Supreme Court), 572 U.S. 93 (2014) We served as lead counsel for amici curiae Cato Institute, American Farm Bureau Federation, American Land Title Association, National Cattlemen’s Beef Association, Public Lands Council, and Property Law Professors James Ely, Jr., Richard Epstein, Donald Kochan, and Dale Whitman in a case filed by the U.S....
Brott v. United States
(U.S. Supreme Court) We represented a group of Michigan property owners in this Trails Act taking case, concurrently filed in both the U.S. District Court for the Western District of Michigan and the U.S. Court of Federal Claims, challenging the Tucker Act’s prohibition on filing taking cases against the United States over $10,000 in an Article...
St. Bernard Parish Gov v. United States
Amicus Brief (U.S. Supreme Court) We represented amici curiae NFIB Small Business Legal Center, Reason Foundation, Southeastern Legal Foundation, National Association of Reversionary Property Owners, Property Rights Foundation of America, and Professor James W. Ely, Jr., in the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme...
@FederalTakings
Great discussion of the issue last week and follow-up thoughts. @invcondemnation: "A Good Time to Make Bad Law?" https://shar.es/aHUSAL @FedSoc @IlyaSomin
Very much looking forward to today's @FedSoc teleforum on "Covid-19 & Property Rights." Thanks to @invcondemnation & @IlyaSomin for their expertise. https://fedsoc.org/commentary/fedsoc-blog/covid-19-and-property-rights
Interesting take by @Profepps & @lylden about how telephonic argument enables the Chief to exert control, among other issues. @TheAtlantic: "Not Everyone Is Happy With the Supreme Court’s Live Broadcasts" https://www.theatlantic.com/ideas/archive/2020/05/lyle-denniston-despises-supreme-courts-new-format/611515/?utm_source=twitter&utm_medium=social&utm_campaign=share
Dissent: "We should have taken this case en banc so that the Supreme Court will not have to correct us again…." @IlyaSomin: "9th Circuit Refuses to Reconsider Ruling that Mandating Union Organizer Access to Employer Property is not a Taking" https://reason.com/2020/04/29/ninth-circuit-refuses-to-reconsider-ruling-that-mandating-union-organizer-access-to-employer-property-is-not-a-taking-but-eight-judges-dissent/ via @reason
Very much looking forward to this timely & interesting teleforum by our friend @invcondemnation! "COVID-19 & Property Rights: Do Government Actions in Response to the Coronavirus Pandemic Create Compensable Takings?" https://fedsoc.org/events/covid-19-property-rights-do-government-actions-in-response-to-the-coronavirus-pandemic-create-compensable-takings
