In 1985, the U.S. Supreme Court issued Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, a landmark decision (as Supreme Court decisions often are) that drastically slashed the number of federal takings claims. In Williamson County, the Supreme Court held that courts lack jurisdiction over federal regulatory takings claims unless a final decision has been issued and the property owner has exhausted all "adequate State procedures." The Supreme Court also clarified that exhaustion of adequate State procedures generally requires ...
On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed (pdf) the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in the context of the federal Endangered Species Act (ESA).
Casitas Municipal Water District (Casitas) has a contract with the federal Bureau of Reclamation and a license with the State of California authorizing it to divert water for the Ventura River Project (Project). The contract with the Bureau of Reclamation states that Casitas ...
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