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Eagle Files Amicus Brief on Temporary Takings

Professor Steven J. Eagle is the principal author of an amicus brief in CCA Associates v. United States, No. 11-1352.   

Eagle wrote the brief for The National Federation of Independent Business Small Business Legal Center, The Cato Institute, and the Center for Constitutional Jurisprudence. Signers of the brief include Karen R. Harned and Luke A. Wake of the National Federation of Independent Business Small Business Legal Center; Ilya Shapiro of the Cato Institute; and John C. Eastman and Anthony T. Caso of the Center for Constitutional Jurisprudence.  

Eagle’s brief supports the petitioner's request that the Supreme Court review a U.S. Court of Appeals for the Federal Circuit decision denying it just compensation for a regulation that forced it to rent apartments to individuals selected by the federal government for a five-year period, during which it was deprived of 81.25% of return on its equity. In denying compensation, the Federal Circuit held that the deprivation should be measured with respect to the entire life of the building, reducing the loss to 18%.

Eagle argued that the Federal Circuit's ruling, in effect, wrongfully conflated temporary and permanent regulatory takings. He also urged that the Supreme Court to reconsider and clarify the meaning and weight given to the relevant factors under its Penn Central regulatory takings test.

Read the brief