Last week the United States Supreme Court heard oral arguments in United States v. Apel — a case which has a number of free speech advocacy groups up in arms. But as Justice Scalia repeatedly pointed out during oral argument, the First Amendment is not at issue in the case. To understand this confusion, a… Read more »
Posts Tagged: Easement Lawyers
The United States Supreme Court May Agree To Hear An Important Case On Investment Backed Expectations This Term
The US Supreme Court will soon decide whether millions of property owners will maintain the ability to sue the government for regulatory takings arising under the Clean Water Act. Last June, a property owner filed a petition asking the Court to overturn the Federal Circuit Court of Appeal’s opinion in Mehaffy v. United States. In… Read more »
Supreme Court to Determine the Constitutionality of the Federal Government’s “Rails to Trails” Land Grab
Under the “Rails to Trails” program, the Federal government has begun converting abandoned railroad tracks into hiking and biking trails for the public. While this may seem like a noble endeavor, there is one major problem: the land the trails run through doesn’t belong to the federal government. In the nineteenth and early twentieth century when… Read more »