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Expert Analysis

High Court Might Ease Way For Regulatory Takings Claims

Law360, New York (February 29, 2016, 4:20 PM EST) -- It is an understatement to say that pursuing a claim against the government for a Fifth Amendment regulatory taking is difficult. The United States Supreme Court has described such claims as presenting "an especially steep uphill battle" for the claimant. Two of these obstacles appear at the threshold — gaining access to federal court and identifying the relevant parcel to be used in the takings equation. Based on two recent petitions for certiorari, one granted and the other under review, the Supreme Court may be revisiting those obstacles in the near future....

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