The fifth amendment to the United States Constitution provides that "[P]rivate property [shall not] be taken for public use, without just compensation." On the not too frequent occasions when the federal government fails to adhere to this directive, there are two remedies available—a suit against federal officials to enjoin them from acting to the property owner's detriment, or a suit for damages (commonly referred to as inverse condemnation). The lawyer for the property owner who has found it necessary to seek one of these remedies will soon discover that the government has available a large battery of defenses and other stratagems with which to thwart his success. It is the purpose of this article to delineate these defensive devices and, hopefully, to suggest some ways in which they might be overcome.
David R. Warner Jr.,
Traps for the Unwary—The Problems in Seeking Injunctive or Monetary Relief from an Uncompensated Taking by the Federal Government,
46 Neb. L. Rev. 816
Available at: http://digitalcommons.unl.edu/nlr/vol46/iss4/5