The 10th Circuit held that the moment the state takes private property for public use without just compensation, a property owner has an actionable claim under the takings clause.
The U.S. Supreme Court reversed and remanded a case involving the Montgomery GI Bill Act of 1984 and the Post-9/11 Veterans Educational Assistance Act of 2008.
The U.S. Supreme Court will hear arguments March 22 in a case that could subject a wide variety of routine government regulatory functions to the requirements of the takings clause.