easement

In a Supreme Court amicus brief in Cedar Point Nursery v. Hassid the State and Local Legal Center (SLLC) argues that temporary entry onto private property by government officials isn’t a “taking.”

The U.S. Constitution’s Fifth Amendment allows the government to “take” private property as long as it pays “...

The Supreme Court has required governments to pay “just compensation” to property owners where the government “requires an owner to suffer a permanent physical invasion of her property—however minor.” But what if the invasion is temporary? In Cedar Point Nursery v. Hassid, the Supreme Court will decide whether a taking has occurred.

The U.S. Constitution’s Fifth Amendment allows the government to “take” private property as long...