Tag: Fifth Amendment

In Tyler v. Hennepin County, 598 U.S. ____ (2023), the U.S. Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. Accordingly, Geraldine Tyler plausibly alleged that Hennepin County unconstitutiona...

In Williamson City Planning v Hamilton Bank, 473 U.S. 172 (1985), the U.S. Supreme Court clarified where plaintiffs may file Fifth Amendment takings claims. It held that “if a State provides an adequate procedure for seeking just compensation, the...

In Lingle v Chevron USA Inc, 544 U.S. 528 (2005), the U.S. Supreme Court overruled the precedent established in Agins v. City of Tiburon, 447 U. S. 255 (1980), which held that a regulation does not amount to an unconstitutional taking "if it does...

In Brown v Legal Foundation of Washington, 538 U.S. 216 (2003), the U.S. Supreme Court held that the use of interest on lawyers' trust accounts to pay for legal services provided to the needy did not constitute a state taking in violation of the Just...

In a per curium opinion in Hernandez v Mesa, 582 U. S. ____ (2017), the U.S. Supreme Court vacated the judgment of the Court of Appeals for the Fifth Circuit and remanded the case for further proceedings. The closely-watched case involves the fatal s...

Murr v Wisconsin is one of the October 2016 Term’s most-anticipated cases. The regulatory takings case will address whether two legally distinct but commonly owned contiguous parcels must be combined for takings analysis purposes. The Court’s dec...