Cert Grant in Horne v. Department of AgriculturePosted: January 16, 2015 Filed under: Categorical Takings, Exactions, Physical Takings | Tags: 9th Circuit, Agriculture, California, Dolan, Nollan Comments Off on Cert Grant in Horne v. Department of Agriculture
Today the U.S. Supreme Court granted a petition for certiorari in the takings case of Horne v. Department of Agriculture. As followers of this blog may recall, the U.S. Supreme Court has already been around once in this case.
The issues as presented in the cert petition are as follows: “(1) Whether the government’s “categorical duty” under the Fifth Amendment to pay just compensation when it “physically takes possession of an interest in property,” Arkansas Game & Fish Comm’n v. United States, applies only to real property and not to personal property; (2) whether the government may avoid the categorical duty to pay just compensation for a physical taking of property by reserving to the property owner a contingent interest in a portion of the value of the property, set at the government’s discretion; and (3) whether a governmental mandate to relinquish specific, identifiable property as a “condition” on permission to engage in commerce effects a per se taking.”
Stay tuned. More to follow.