Fifth Amendment (Takings Clause)

558 Florida cases classified under this topic, plus 67 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Lawrence
  848 F.2d 1502· 10th Cir.· 1988-06-17 ·cited 13×
  A fence constructed on private land that encloses public lands, thereby preventing lawful use by wildlife, is an unlawful enclosure under the Unlawful Inclosures of Public Lands Act and must be removed or modified, even if the fence does not cross public land.
• Fla. Power Corp. v. Fed. Commc'ns Comm'n
  772 F.2d 1537· 11th Cir.· 1985-10-08 ·cited 13×
  The court held that the FCC's order mandating reduced rates for cable attachments to utility poles constituted a taking of private property without just compensation, and that the Pole Attachments Act is unconstitutional because it improperly vests the FCC with the judicial funct
• Morgan L. Jones v. Reagan
  748 F.2d 1331· 9th Cir.· 1984-12-04 ·cited 13×
  The court considered whether a defendant is entitled to a special verdict instruction when charged with first-degree murder on alternative theories of premeditation and felony murder, and whether separate convictions for underlying felonies are permissible.
• Pirolo v. City OF Clearwater
  711 F.2d 1006· 11th Cir.· 1983-08-12 ·cited 13×
  The court held that the district court erred in granting summary judgment on appellants' section 1983 claims, as issues of material fact remained regarding whether the city violated due process and impaired contractual obligations.
• Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency
  911 F.2d 1331· 9th Cir.· 1990-08-09 ·cited 12×
  Plaintiffs cannot state a claim for relief because the court-imposed injunction, not the 1984 Plan, prevented them from building.
• Ohio Student Loan Comm'n v. Lauro F. Cavazos
  900 F.2d 894· 6th Cir.· 1990-04-02 ·cited 12×
  The court held that the excess reserves do not constitute private property subject to Fifth Amendment takings protection, and the 1987 Amendments did not breach contractual rights or violate the Due Process Clause.
• Est. OF Rose Himelstein v. City OF Fort Wayne
  898 F.2d 573· 7th Cir.· 1990-03-28 ·cited 12×
  The court held that the Himelsteins' federal claims were not ripe for review because they had not pursued available state remedies for inverse condemnation and due process violations.
• S.C. State Educ. Assistance Auth. v. Lauro F. Cavazos
  897 F.2d 1272· 4th Cir.· 1990-03-07 ·cited 12×
  The court held that the excess reserve funds and contractual rights to reimbursement payments under the Guaranteed Student Loan Program are not 'private property' protected by the Fifth Amendment's Takings Clause, as they are subject to federal control and statutory amendments.
• W. Fuels-Utah, Inc. v. Lujan
  895 F.2d 780· D.C. Cir.· 1990-02-09 ·cited 12×
  The court held that the Federal Coal Leasing Amendments Act of 1976 (FCLAA) applies to pre-1976 leases upon readjustment, and that the lease readjustments were timely.
• The Money Store, Inc. v. Harriscorp Fin., Inc.
  885 F.2d 369· 7th Cir.· 1989-09-19 ·cited 12×
  The standard for modifying injunctions should be viewed differently in property rights litigation compared to institutional reform litigation.
• Herrington v. Cnty. OF Sonoma
  883 F.2d 739· 9th Cir.· 1989-08-22 ·cited 12×
  The court held that attorney's fees and costs can be awarded to prevailing parties under 42 U.S.C. § 1988 even if they did not fully prevail on all claims, and that a litigant's financial ability to pay counsel does not preclude an award.
• Matter of Interest on Tr. Accounts: a Petition to Amend the Rules Regulating the Fla. Bar
  538 So. 2d 448· Fla.· 1989-01-26 ·cited 12×
  The Florida Supreme Court converted Florida's voluntary Interest on Trust Accounts (IOTA) program to a mandatory program, requiring attorneys to deposit nominal or short-term client trust funds in interest-bearing accounts with interest payable to the Florida Bar Foundation to fu
• Berkshire Cablevision OF R.I., Inc. v. Burke
  773 F.2d 382· 1st Cir.· 1985-09-24 ·cited 12×
  The case is moot because the plaintiff is no longer an applicant for the franchise and the challenged conditions do not pose a continuing threat to its interests.
• Keystone Bituminous Coal Assn. v. Duncan
  771 F.2d 707· 3d Cir.· 1985-08-26 ·cited 12×
  The court held that Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act, as applied to coal mine operators, does not violate the takings or contract clauses of the Constitution, nor is it an invalid exercise of eminent domain.
• Charleston Mem'l Hosp. v. Conrad
  693 F.2d 324· 4th Cir.· 1982-11-11 ·cited 12×
  Reductions in the number of days of inpatient hospital coverage and outpatient hospital visits under a state Medicaid plan are reductions in coverage, not reimbursement rates, and are permissible if they provide sufficient services to meet the needs of most eligible recipients.
• Inupiat Community of the Arctic Slope v. The United States
  680 F.2d 122· Ct. Cl.· 1982-06-02 ·cited 12×
  The Court held that the Alaska Native Claims Settlement Act extinguished claims based on aboriginal title, including trespass claims and claims for breach of fiduciary duty, and that the extinguishment of these claims was not a taking requiring just compensation under the Fifth A
• Holmes Limestone Co. v. Andrus
  655 F.2d 732· 6th Cir.· 1981-08-06 ·cited 12×
  The court held that the district court has jurisdiction to review the regulation defining 'cemetery' and that the statutory provisions for review are not exclusive.
• ST. Michael's Convalescent Hosp. v. The State OF Cal.
  643 F.2d 1369· 9th Cir.· 1981-05-01 ·cited 12×
  The court held that state agencies administering Medi-Cal are not federal agencies subject to FOIA or the Privacy Act, and that the appellants, as entities, lack standing under the Privacy Act. However, the court remanded the issue of whether disclosure of cost information infrin
• Chevron Chem. Co. v. Costle
  641 F.2d 104· 3d Cir.· 1981-02-04 ·cited 12×
  The court held that Chevron does not possess a property right in the test data submitted to the EPA, either under federal law or state law, that would prevent the agency from using such data internally for registration purposes.
• Foster v. The United States
  607 F.2d 943· Ct. Cl.· 1979-10-17 ·cited 12×
  The court held that the reservation of "other minerals" in the 1942 deed included dolomite, and the government's denial of access to quarry dolomite constituted a permanent taking under the Fifth Amendment.
• Tyler v. Warden Lark
  472 F.2d 1077· 8th Cir.· 1973-01-25 ·cited 12×
  The court held that an attorney appointed to represent an indigent prisoner in a civil rights action is not constitutionally or statutorily entitled to compensation when the prisoner does not recover, and federal courts cannot use inherent power to circumvent statutory limitation
• (1) Jake Klein v. The United States
  375 F.2d 825· Ct. Cl.· 1967-04-14 ·cited 12×·via Claim For Just Compensation Under The Fifth Amendment
  The court held that plaintiffs have no cause of action for the 'taking' of gravel contracts because the contracts themselves were not taken, but merely frustrated by the government's lawful action. Compensation for the gravel deposits as part of the land was for the district cour
• Brown v. The United States
  358 F.2d 1002· Ct. Cl.· 1966-04-15 ·cited 12×
  The Court of Claims should not dismiss a claim under 28 U.S.C. § 1500 if the plaintiff's suit in another court, which was the basis for dismissal, has been dismissed for lack of jurisdiction and is no longer pending.
• McMULLANS v. Kansas
  229 F.2d 50· 10th Cir.· 1956-01-10 ·cited 12×
  The court held that compulsory retirement is a proper subject for collective bargaining under the Railway Labor Act, and the agreement was validly negotiated.
• In re Herweg. Herweg v. Neuses
  119 F.2d 941· 7th Cir.· 1941-05-01 ·cited 12×
  The court held that Bankruptcy Act § 461(11) does not authorize a court to compel secured creditors, who unanimously oppose a debtor's arrangement plan, to accept payment of a reduced amount of their claims.
• Jacobs Wind Elec. Co., Inc. v. Dep't OF Transp.
  626 So. 2d 1333· Fla.· 1993-09-30 ·cited 11×·via Takings Claim
  The Florida Supreme Court held that state courts have jurisdiction over takings and conversion claims involving patented technology against the state, even though federal courts have exclusive jurisdiction over patent infringement suits. Because the state's Eleventh Amendment imm
• Hoffman v. City OF Warwick
  909 F.2d 608· 1st Cir.· 1990-07-26 ·cited 11×
  The court held that the retroactive repeal of a state statute granting seniority credits to veterans did not violate the Contract Clause, Takings Clause, or Due Process Clause, as the statute did not create vested contractual or property rights.
• Nat'l Wildlife Fed'n v. Interstate Commerce Comm'n & United States
  850 F.2d 694· D.C. Cir.· 1988-06-10 ·cited 11×
  The court held that the ICC's interpretation of § 8(d) to allow only voluntary transfers of railroad rights-of-way was reasonable, but remanded the case to reconsider whether the application of its rules constitutes a taking of reversionary interests without just compensation.
• Peterman v. Gerry Coleman
  764 F.2d 1416· 11th Cir.· 1985-07-09 ·cited 11×
  A county ordinance requiring second-hand dealers to hold items for five days and maintain transaction records does not violate the Fifth, Fourteenth, or Fourth Amendments, nor the Commerce Clause or Supremacy Clause.
• Morton P. MacLEOD v. Cnty. OF Santa Clara
  749 F.2d 541· 9th Cir.· 1984-12-10 ·cited 11×
  The denial of a permit to harvest timber did not constitute a compensable taking because it did not interfere with the primary uses or investment-backed expectations of the property, even if it prevented the 'highest and best use'.
• Sederquist v. City OF Tiburon
  765 F.2d 756· 9th Cir.· 1984-10-31 ·cited 11×
  The denial of a permit to pave a private driveway does not constitute a taking of property without just compensation under the Fifth and Fourteenth Amendments.
• Dirt, Inc. v. Mobile Cnty. Comm'n
  739 F.2d 1562· 11th Cir.· 1984-08-27 ·cited 11×
  The court held that while the Act itself is facially valid, the county's administration of the Act violated appellants' procedural due process rights by failing to provide adequate notice of the permit denial hearing. However, claims of unconstitutional taking and vagueness were
• Simmons v. Ark. Power & Light Co.
  655 F.2d 131· 8th Cir.· 1981-07-22 ·cited 11×
  The court held that the district court properly dismissed federal statutory claims due to exclusive jurisdiction with the NRC and Courts of Appeals, and constitutional and state claims for failure to state a claim or lack of jurisdiction.
• Fla. Fish & Wildlife Conservation Comm'n v. Daws
  256 So. 3d 907· Fla. 1st DCA· 2018-08-16 ·cited 10×·via Takings Claim
  The Florida Fish and Wildlife Conservation Commission (FWC) appeals a trial court order granting a temporary injunction requiring the FWC to abate nuisances from deer dog hunting on adjacent private property, where hunters and their dogs occasionally trespass onto private landown
• The Rector v. The City OF NEW York & the Landmarks Pres. Comm'n of the City of N.Y.
  914 F.2d 348· 2d Cir.· 1990-09-12 ·cited 10×
  The court held that New York City's Landmarks Law, as applied to the Church's Community House, does not impose an unconstitutional burden on the free exercise of religion or effect a taking of property without just compensation, as the Church failed to prove it could not continue
• Great Lakes Higher Educ. Corp. v. Lauro F. Cavazos
  911 F.2d 10· 7th Cir.· 1990-08-29 ·cited 10×
  The court held that the 1987 amendment to the Higher Education Act did not violate the Fifth or Fourteenth Amendments, as the reserve fund excess was not private property and contractual rights were subject to congressional amendment.
• United States v. Fisher
  864 F.2d 434· 7th Cir.· 1988-12-02 ·cited 10×
  The court held that the EPA's new suit for access to Fisher's land under CERCLA was not barred by a prior consent decree, and the district court properly granted equitable relief.
• Sperry Corp. & Sperry World Trade, Inc. v. The United States
  853 F.2d 904· Fed. Cir.· 1988-08-10 ·cited 10×
  The court held that the deduction from Sperry's Iran-United States Claims Tribunal award, mandated by the Iran Claims Settlement Act, constituted a taking of private property for public use without just compensation, violating the Fifth Amendment.
• J.R. Cooper v. The United States
  827 F.2d 762· Fed. Cir.· 1987-09-02 ·cited 10×
  The court held that the destruction of timber constituted a taking for which the current owner is entitled to compensation, even if the damage began before he acquired the property, as long as the taking was not complete until after acquisition.
• Metro. Transp. Auth. & Metro-North Commuter R.R. Co. v. Interstate Commerce Comm'n & United States
  792 F.2d 287· 2d Cir.· 1986-06-04 ·cited 10×
  The court held that the Interstate Commerce Commission (ICC) has jurisdiction under Section 402(a) of the Rail Passenger Service Act (RPSA) to determine compensation for Amtrak's use of Metro-North's facilities and that the statute is constitutional.
• Whitney Benefits, Inc. v. The United States
  752 F.2d 1554· Fed. Cir.· 1985-01-09 ·cited 10×
  The court held that the plaintiff failed to state a claim for a taking because the statute at issue only prohibited surface mining and did not deprive the plaintiff of all economically viable use of its coal reserves.
• The Terson Co., Inc. v. Bakery Drivers & Salesmen Local 194 & Indus. Pension Fund. Appeal of The Terson Co., Inc.
  739 F.2d 118· 3d Cir.· 1984-07-05 ·cited 10×
  The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) is constitutional and its dismissal of Terson's complaint was proper.
• In re Gifford
  688 F.2d 447· 7th Cir.· 1982-08-18 ·cited 10×
  The court held that 11 U.S.C. § 522(f) applies to pre-enactment security interests and its application does not violate the Fifth Amendment's due process or taking clauses.
• Consol. Edison Co. OF NEW York, Inc. v. Fed. Energy Regulatory Comm'n
  676 F.2d 763· D.C. Cir.· 1982-04-20 ·cited 10×
  The court affirmed FERC's approval of an end-use curtailment plan that did not require compensation for customers experiencing below-average curtailment, finding it was not arbitrary or capricious and did not violate the Natural Gas Act.
• Devines v. Maier
  665 F.2d 138· 7th Cir.· 1981-11-23 ·cited 10×·via Claim For Just Compensation Under The Fifth Amendment
  The court held that the City's enforcement of its housing code, which resulted in the eviction of tenants from their homes, constituted a regulatory taking of their leasehold interests for a public purpose, entitling them to just compensation under the Fifth Amendment and Wis.Sta
• Cloide C. Branning v. The United States
  654 F.2d 88· Ct. Cl.· 1981-07-01 ·cited 10×
  The court held that the defendant's specific, unusually burdensome aircraft training operations over the plaintiff's land, even at altitudes above 500 feet, constituted a taking of an easement under the Fifth Amendment.
• Loesch v. The United States
  645 F.2d 905· Ct. Cl.· 1981-03-11 ·cited 10×
  The court held that the plaintiffs failed to prove that the construction and operation of the high-lift navigation dams were the direct and proximate cause of the erosion on their lands.
• Kabua Kabua v. The United States
  546 F.2d 381· Ct. Cl.· 1976-12-15 ·cited 10×
  The court held that the plaintiffs' claims for an uncompensated taking and implied-in-fact contract were barred by the six-year statute of limitations.
• Jacobs v. Gromatsky
  494 F.2d 513· 5th Cir.· 1974-05-20 ·cited 10×
  The tax collection scheme is constitutional despite not providing interest on refunded overpayments.
• Local Union NO. 11, Int'l Bhd. OF Elec. Workers, AFL-CIO v. George H. Boldt as Chairman of the Pay Bd.
  481 F.2d 1392· Temp. Emer. Ct. App.· 1973-08-10 ·cited 10×
  The court held that the Construction Industry Stabilization Committee (CISC) acted within its authority in limiting a negotiated wage increase, and that such limitation did not violate the Fifth or Fourteenth Amendments.