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· 5/30/2023

State v. Davalos-Romo

How courts have described this case

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

  • ruling that consequential damages, such as lost profits, loss of goodwill, and the cost of moving to a new facility, are not awardable under the Fifth Amendment
  • discussing dam- ages principle that “[j]ust compensation requires putting the property owner in as good a position pecuniarily as if his property had not been taken” and limits on takings damages such as exclusion of consequential damages
  • “Where the government takes a permanent right of access, akin to an easement in gross, even if used only intermittently, it is unquestionably an appropriation of the owner’s right to exclude.”
  • “Plaintiffs bear the burden of establishing subject-matter jurisdiction.”
  • “Section 2501’s six-year limitation is jurisdictional.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.