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Horne v. Department of Agriculture

Docket No.: 14-275
Certiorari Granted: 1/16/2015
Argued: April 22, 2015
Decided: June 22, 2015


EPA, Environmental Protection Agency, Fifth Amendment, Takings Clause, patent, property rights

PartyNames: Marvin D. Horne, et al. v. Department of Agriculture
Petitioner: Marvin D. Horne, et al.
Respondent: Department of Agriculture

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 750 F.3d 1128
Supreme Court Docket

Marvin D. Horne, et al.
Department of Agriculture
Question Presented:

The questions presented by this petition are: 1. Whether the government's "categorical duty" under the Fifth Amendment to pay just compensation when it "physically takes possession of an interest in property," Arkansas Game & Fish Comm'n v. United States, 133 S. Ct. 511, 518 (2012), applies only to real property and not to personal property. 2. Whether the government may avoid the categorical duty to pay just compensation for a physical taking of property by reserving to the property owner a contingent interest in a portion of the value of the property, set at the government's discretion. 3. Whether a governmental mandate to relinquish specific, identifiable property as a "condition" on permission to engage in commerce effects a per se taking.

Horne v. Department of Agriculture

April 22, 2015

Listen to Oral Argument in Horne v. Department of Agriculture
Vote: 5-4
Majority: Chief Justice Judgment Reversed. Roberts, Scalia, Kennedy, Thomas, Alito, Ginsburg, Breyer, Kagan
Concurring: Thomas,Breyer,Ginsburg,Kagan
Dissenting: Breyer,Ginsburg,Kagan,Sotomayor
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