As an eminent domain lawyer, I sometimes feel about takings claims like Justice Potter Stewart felt about obscenity: I know it when I see it. But every so often, a case comes along that reminds us that we might need to dig just a little bit deeper.
In TrinCo Investment Co. v. United States, No. 2012-5130 (July 18, 2013), it all starts out seeming so simple. The government comes onto private property without permission, takes $6.6 million worth of timber without asking, and then wanders off without offering so much as a dime in just compensation. Hard to miss this one: it's an obvious taking.
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