Dep't of Human Servs. v. J. C. S. (In re M. E. S.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[a] regulatory taking claim is ripe (and thus accrues) when the administrative agency has arrived at a final, definitive position regarding how it will apply the regulations at issue to the particular land in question.”
• “[W]hen the Government enters into a contract in a commercial capacity, the concept of a Fifth Amendment taking has limited applicability.”
• “Ordinarily, the Government’s interference with contractual rights arising under a contract with the Government will give rise to a breach of contract action, rather than a taking claim.”
• “Ordinarily, the Government’s interference with contractual rights arising under a contract with the Government will give rise to a breach of contract action, rather than a taking claim.”
• “If, however, the court determines that the property rights alleged to have been taken were solely created by the terms of the voluntary lease agreements between plaintiff and defendant, then the proper remedy, if any, lies in the contract.”

Source: CourtListener parenthetical corpus (CC0).