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. ONE 1952 Model Ford Sedan Auto.
  213 F.2d 252· 5th Cir.· 1954-05-31 ·cited 6×
  The court held that the trial court's judgment was a denial of forfeiture, not a remission, and that the bank's sole remedy was to petition the Secretary of the Treasury.
• Cogswell v. Bd. of Levee Com'rs of Orleans Levee Dist.
  142 F.2d 750· 5th Cir.· 1944-05-18 ·cited 6×
  The court held that the suit did not present a federal question, thus the lower court lacked jurisdiction.
• P.I.E., LLC v. DeSOTO Cnty.
  133 So. 3d 577· Fla. 2d DCA· 2014-02-21 ·cited 5×
  The court held that a factual dispute exists regarding when a regulation was 'first applied' to the property, precluding dismissal based solely on the complaint's face.
• Honorable Rick Scott v. Galaxy Fireworks, Inc.
  111 So. 3d 898· Fla. 2d DCA· 2012-12-05 ·cited 5×
  Florida appealed a trial court judgment awarding Galaxy Fireworks $1 million in damages for inverse condemnation based on Executive Order 98-165, which temporarily banned fireworks sales during a fire emergency. The appellate court reversed, holding that the temporary sales prohi
• Clay v. Monroe Cnty.
  849 So. 2d 363· Fla. 3d DCA· 2003-05-14 ·cited 5×·via Takings Claim
  Property owners on Big Pine Key appealed the denial of a mandamus petition seeking to compel Monroe County to issue building permits that had been withheld due to inadequate transportation concurrency on U.S. Highway 1. The court affirmed, finding the mandamus claim moot after th
• Nixon v. United States
  978 F.2d 1269· D.C. Cir.· 1992-11-17 ·cited 5×
  The court held that former President Nixon had a compensable property interest in his presidential papers, and the Presidential Recordings and Materials Preservation Act (PRMPA) constituted a per se taking requiring just compensation.
• N. Ark. Med. Ctr. v. Arther W. Barrett, Sr.
  962 F.2d 780· 8th Cir.· 1992-04-17 ·cited 5×
  The court held that 12 U.S.C.A. § 1823(e) applies to the Medical Center's claim for a security interest, barring it because the agreement did not meet the statute's requirements, and that the FDIC properly succeeded the FSLIC as receiver.
• Barima Inv. Co., Inc. v. United States
  771 F. Supp. 1187· S.D. Fla.· 1991-08-08 ·cited 5×
  The court held that the plaintiff's inverse condemnation claim was not ripe for adjudication because the plaintiff failed to utilize available state procedures for obtaining compensation.
• Selwyn A. Robinson under the Will of Alymer F. Robinson v. Ariyoshi
  933 F.2d 781· 9th Cir.· 1991-05-21 ·cited 5×·via Takings Claim
  The court held that plaintiffs were not prevailing parties under 42 U.S.C. § 1988 because their claims were ultimately dismissed on ripeness grounds, and they failed to demonstrate a material alteration of the legal relationship with the defendants.
• Lockary v. Kayfetz
  917 F.2d 1150· 9th Cir.· 1990-07-18 ·cited 5×
  The court held that appellants raised triable issues of fact regarding their 'as applied' takings claim and their substantive due process/equal protection claims, but their precondemnation blight claim was not ripe and their procedural due process claims regarding notice were pro
• Rural Tel. Coal. v. Fed. Commc'ns Comm'n & United States
  838 F.2d 1307· D.C. Cir.· 1988-02-05 ·cited 5×
  The court held that the FCC's orders allocating non-traffic sensitive costs to interstate jurisdiction, establishing a Universal Service Fund, and phasing out customer premises equipment costs were lawful and within the Commission's authority.
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  906 F. Supp. 1509· N.D. Fla.· 1995-11-20 ·cited 4×
  The court held that a due process takings claim is not a distinct cause of action but rather a substantive due process claim, and that the property interest at issue must be considered as a whole, not as severable strands.
• Palm Beach Cnty. v. Wright
  612 So. 2d 709· Fla. 4th DCA· 1993-01-27 ·cited 4×
  A county thoroughfare map designating corridors for future roadways and restricting all development activities within those corridors effects an unconstitutional taking of property without just compensation and is facially invalid.
• The Hous. Auth. OF the City OF Fort Collins v. United States
  980 F.2d 624· 10th Cir.· 1992-11-24 ·cited 4×
  The court held that federal law, specifically COBRA Section 3004, preempts state law and allows the government to maintain liens and other contractual obligations with housing authorities even after forgiving loan indebtedness, as Congress retained the power to modify such contra
• Raymond and Barbara Seguin v. The City OF Sterling Heights
  968 F.2d 584· 6th Cir.· 1992-06-29 ·cited 4×
  The court held that the Fifth Amendment takings and Fourteenth Amendment equal protection claims were not ripe because plaintiffs failed to pursue state remedies and obtain a final decision. However, the procedural due process claim was ripe, but ultimately failed due to lack of
• Rogers v. Bucks Cnty. Dom. Relations Section & Albert J. Fonash
  959 F.2d 1268· 3d Cir.· 1992-03-30 ·cited 4×
  The court held that the plaintiffs had no property interest in the interest that could have been earned on intercepted child support funds, and therefore, the government's failure to pay interest did not constitute an uncompensated taking or a due process violation.
• Cal. Hous. Sec., Inc. v. The United States
  959 F.2d 955· Fed. Cir.· 1992-03-24 ·cited 4×
  The court held that the appointment of the RTC as conservator and receiver, and the subsequent liquidation of assets, did not constitute a compensable taking under the Fifth Amendment because the regulated nature of the savings and loan industry and Saratoga's voluntary participa
• Bolt v. United States
  944 F.2d 603· 9th Cir.· 1991-09-16 ·cited 4×
  The court held that the annual recording requirements of FLPMA § 314 apply to mining claims located within national parks, and that the government was not estopped from declaring the claims void due to late filing, nor did the forfeiture constitute a Fifth Amendment taking.
• Calhoun v. ST. Bernard Parish
  937 F.2d 172· 5th Cir.· 1991-08-01 ·cited 4×
  Police Jurors are entitled to legislative immunity against damages in their individual capacities for actions related to zoning decisions.
• Austin v. State Indus. Ins. Sys.
  939 F.2d 676· 9th Cir.· 1991-07-15 ·cited 4×
  The court held that the Nevada State Industrial Insurance System (SIIS) is a state agency entitled to Eleventh Amendment immunity, and therefore the plaintiff's 42 U.S.C. § 1983 action against SIIS and its General Manager sued in his official capacity was properly dismissed.
• Leroy Land Dev. v. The Tahoe Reg'l Planning Agency
  939 F.2d 696· 9th Cir.· 1991-07-09 ·cited 4×
  A negotiated settlement agreement's conditions, even if they restrict property use, cannot constitute an unconstitutional taking under Nollan if voluntarily agreed to by the parties.
• Darson H. Persyn v. United States
  935 F.2d 69· 5th Cir.· 1991-07-05 ·cited 4×
  The court held that it lacked appellate jurisdiction to review the district court's transfer order to the Claims Court and that the appeal of the dismissal of claims against the City was premature.
• 2 Tudor City Place Assocs. & 2 Tudor Garden Parking Corp. v. 2 Tudor City Tenants Corp.
  924 F.2d 1247· 2d Cir.· 1991-02-05 ·cited 4×
  The court held that a cooperative association can terminate a lease under the Condominium and Cooperative Abuse Relief Act (Act) even if the lease was assigned to the association after its initial execution, as long as the association assumed the lessor's obligations.
• Mountain Water Co. v. Mont. Dep't OF Pub. Serv. Reg.
  919 F.2d 593· 9th Cir.· 1990-11-26 ·cited 4×
  The court held that the statute requiring privately-owned water utilities to reimburse customers for certain repair costs is constitutional under the Fourteenth Amendment's Equal Protection Clause and the Fifth Amendment's Takings Clause.
• Diversified Numismatics, Inc. v. City of Orlando
  783 F. Supp. 1337· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the amended Orlando precious metals ordinance is constitutional and that the plaintiffs lack standing to challenge it, granting summary judgment for the defendants.
• Selwyn A. Robinson under the Will of Alymer F. Robinson v. Ariyoshi
  887 F.2d 215· 9th Cir.· 1989-10-05 ·cited 4×
  The court held that the dispute was not ripe for federal constitutional challenge because the state court's decision did not represent a final, definitive position on the property interests at issue.
• United States v. Larkins
  852 F.2d 189· 6th Cir.· 1988-07-22 ·cited 4×
  The court clarifies that it is not deciding the issue of whether the Corps of Engineers has jurisdiction over wetlands not adjacent to navigable waters, as the landowner declined to raise this issue.
• Bowles v. United States Army Corps OF Eng'rs
  841 F.2d 112· 5th Cir.· 1988-03-28 ·cited 4×
  The Court held that the claim for damages exceeding $10,000 for a Fifth Amendment taking falls within the exclusive jurisdiction of the Court of Claims, and the denial of a jury trial on the Bivens claim was harmless error due to insufficient evidence.
• Citizen's Ass'n OF Portland v. Int'l Raceways, Inc.
  833 F.2d 760· 9th Cir.· 1987-12-01 ·cited 4×
  The court held that plaintiffs failed to state a claim under 42 U.S.C. § 1983 for constitutional violations related to noise from a racetrack, and that neither party was entitled to attorney fees under 42 U.S.C. § 1988.
• Corp. OF the Presiding Bishop OF the Church OF Jesus Christ OF the Latter-Day Saints v. Hodel
  830 F.2d 374· D.C. Cir.· 1987-10-09 ·cited 4×
  The court affirmed the district court's dismissal, finding no due process violation or unconstitutional taking, and that the High Court's decisions were not arbitrary.
• United States v. Torres
  826 F.2d 151· 1st Cir.· 1987-08-14 ·cited 4×
  The court held that the Clean Water Act applies in Puerto Rico and that the appellant failed to preserve his constitutional takings claim.
• Hohri v. United States
  793 F.2d 304· D.C. Cir.· 1986-05-30 ·cited 4×·via Takings Claim
• Cherokee Nation OF Oklahoma v. United States
  782 F.2d 871· 10th Cir.· 1986-01-23 ·cited 4×
  The exercise of the federal government's navigational servitude over a navigable river is not an invasion of private property rights, even when the riverbed is privately owned, including by an Indian tribe.
• Pub. Serv. Co. OF Colo. v. Fed. Energy Regulatory Comm'n
  754 F.2d 1555· 10th Cir.· 1985-02-15 ·cited 4×
  FERC has jurisdiction to assess headwater benefits against pre-1920 permittees, and such assessments do not violate the Fifth Amendment or derogate from water rights under Colorado law.
• Park Ave. Tower Assocs. & 40 Eastco v. The City OF NEW York
  746 F.2d 135· 2d Cir.· 1984-10-12 ·cited 4×
  A zoning change that prevents a property owner from receiving a reasonable return on investment does not, by itself, constitute an unconstitutional taking of property. Furthermore, the mere allegation of lost profits is insufficient to defeat a properly supported motion for summa
• Quincy Cable TV, Inc. v. Fed. Commc'ns Comm'n & United States
  730 F.2d 1549· D.C. Cir.· 1984-03-30 ·cited 4×
  The court held that a case involving FCC orders on cable carriage should be remanded to the FCC for consideration of significant factual developments that occurred after the FCC's final order.
• John Muir Mem'l Hosp., Inc. v. Carolyne K. Davis, Ph.D.
  726 F.2d 1443· 9th Cir.· 1984-03-01 ·cited 4×
  Costs associated with providing free medical care under the Hill-Burton Act are not reimbursable as indirect costs under Medicare, as Congress intended this care to be the hospitals' quid pro quo for federal grants.
• In re Ashe v. United States
  712 F.2d 864· 3d Cir.· 1983-07-08 ·cited 4×
  The court held that a judicial lien created by a cognovit note is not 'property' under Pennsylvania law, thus the Fifth Amendment's takings clause does not apply to its retrospective avoidance. However, a perfected judicial lien via a writ of execution does constitute property.
• Morton v. The United States
  708 F.2d 680· Fed. Cir.· 1983-05-17 ·cited 4×
  The dissenting judge argues that the United States should not be liable for paying garnished wages because the employee has the primary duty to challenge the validity of the underlying judgment, and the government, as a garnishee, is protected from double liability once it has pa
• PVM Redwood Co., Inc. v. United States
  686 F.2d 1327· 9th Cir.· 1982-09-13 ·cited 4×
  The court held that the dismissal of PVM's complaint was proper because the allegations did not establish a Fifth Amendment taking of property, but rather a frustration of business opportunity.
• Kearney & Trecker Corp. v. The United States
  688 F.2d 780· Ct. Cl.· 1982-09-08 ·cited 4×
  The court held that the government's directive to expedite delivery of a machine, which frustrated a private contract, did not constitute a compensable taking under the Fifth Amendment.
• Allain-Lebreton Co. v. Dep't OF the Army
  670 F.2d 43· 5th Cir.· 1982-03-11 ·cited 4×
  The court held that the company's allegations did not constitute a taking of property without just compensation, as no taking had yet occurred and the Corps' decision was not subject to judicial review.
• Melo-Tone Vending, Inc. v. United States
  666 F.2d 687· 1st Cir.· 1981-12-04 ·cited 4×
  The court held that the plaintiff's complaint failed to state a claim for a taking of property without just compensation under the Fifth Amendment, as the interference with the debt collection was an indirect consequence of lawful governmental action.
• Laney v. The United States
  661 F.2d 145· Ct. Cl.· 1981-08-19 ·cited 4×
  The court held that neither party was entitled to summary judgment because material issues of fact remained regarding whether the government's actions effectively denied all meaningful access to the island and prevented all economic use, which would constitute a taking.
• Yaist v. The United States V. Olson Fla. Realty Co.
  656 F.2d 616· Ct. Cl.· 1981-07-29 ·cited 4×
  The United States, by acquiring and retaining property without bona fide purchaser status due to its negligent title search, has taken the property and owes just compensation to the plaintiff.
• Amdur v. City OF Chicago
  638 F.2d 37· 7th Cir.· 1980-12-05 ·cited 4×
  The court held that the mere enactment of a zoning ordinance limiting building size does not constitute an unconstitutional taking under the Fifth Amendment, absent a showing that it prevents the best use of the land or extinguishes a fundamental ownership attribute.
• Appalachian Power Co. v. The United States
  607 F.2d 935· Ct. Cl.· 1979-10-17 ·cited 4×
  The court held that the enactment of Pub.L. No. 94-407 did not constitute a taking of the plaintiff's FPC license because the license was not irrevocable at the time of enactment, as it was still subject to judicial review.
• Lake Berryessa Tenants' Council v. United States
  588 F.2d 267· 9th Cir.· 1978-11-30 ·cited 4×
  The court held that the government's order to remove privately-owned docks and houseboats from Lake Berryessa was not an unconstitutional taking, nor was it subject to estoppel, arbitrary agency action, or NEPA requirements.
• Coastal Petroleum Co. v. The United States
  524 F.2d 1206· Ct. Cl.· 1975-10-22 ·cited 4×
  The United States may use submerged limestone from navigable waters for a levee project without compensating the leaseholder, due to the navigation servitude.
• The United States v. Pueblo of Taos
  515 F.2d 1404· Ct. Cl.· 1975-05-14 ·cited 4×·via Claim For Just Compensation Under The Fifth Amendment
  The court held that the United States' extinguishment of Pueblo of Taos' title constituted a Fifth Amendment taking, entitling them to interest, and affirmed the Indian Claims Commission's decision regarding the interest start date and refusal of other interest.