Judicial Takings After Stop the Beach Renourishment v. Florida Department of Environmental Protection

Engage Volume 12, Issue 1, June 2011

We know it is possible for the executive and legislative branches of government to take property. It happens all the time. A department of transportation may condemn property for a road, or a local municipality may zone a parcel into inutility, giving rise to liability under an inverse condemnation claim. But what about the judicial branch? Can it take property? ...