Fifth Amendment Takings Cases

We have represented numerous clients in assessing the validity of governmental actions under the Takings Clause of the Fifth Amendment and similar provisions of state constitutions. We have prepared such analyses for pharmaceutical companies, financial institutions, the music industry, commercial fishing enterprises, the cable industry, the mining industry, helium producers, telecommunications companies, and others. Representative cases include:

  • Virginia Uranium v. Virginia
    We represent a property owner and natural resources development company that own the largest untapped uranium deposit in the United States, located in southern Virginia. Virginia bans the mining of uranium, and we have challenged that ban as an unconstitutional infringement of private property rights under the Virginia State Constitution’s Takings Clause. We have prevailed in several rounds of dispositive briefing, and the case is currently headed to a bench trial (though the proceeding is stayed pending the U.S. Supreme Court’s decision in a related case).
  • AmBase Corporation v. United States
    We represented AmBase Corporation in a takings claim against the United States. The case arises out a governmental breach of contract that caused AmBase to lose its entire property interest in its wholly-owned subsidiary, Carteret Bancorp. The case resulted in a $205 million trial verdict.
  • St. Bernard Parish v. United States
    We represent public and private real property owners in a large class action against the United States alleging that the U.S. Army Corps of Engineers’ construction, operation, maintenance, and dredging of the 76-mile long navigational channel connecting the Gulf of Mexico and the Port of New Orleans caused severe flooding on their properties during Hurricanes Katrina and Rita for which the Fifth Amendment requires just compensation.
  • Fairholme Funds v. Federal Housing Finance Agency
    We represent a mutual fund and a number of insurance companies challenging the validity of the nationalization of Fannie Mae and Freddie Mac. The suits challenge the government’s arrogation of 100 percent of the companies’ profits for itself in contravention of FHFA’s and Treasury’s statutory authority, binding contractual commitments, and the takings clause of the Fifth Amendment. To date, the government has benefited by over $120 billion from its illegal conduct.

Prior results do not guarantee a similar outcome.

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