11 Maine opinions name it 2 courts 1982–2025 1 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wellman v. Department of Human Servicesgreen2 sentences2005Biette v. Scott Dugas Trucking and Excavating, Inc. 676 A.2d 490, 494 (Me. 1996); State v. Babcock, 361 A.2d 911 ,913 n.1 (Me. 1976) (failure to brief issues listed on appeal constitutes waiver of those issues). individuals." Wellman v. Dqartment of Human Services, 574 A.2d 879, 883 (Me. 1990). 1993“In the absence of the State’s waiver of its sovereign immunity, that immunity likewise bars retroactive recovery of AFDC support reimbursements by the plaintiff class in this case.” Wellman, 574 A.2d at 884 (footnote omitted). | 2 | 2 |
Maine Beer & Wine Wholesalers Ass'n v. Stategreen2 sentences2025See id. at 97-98 ; E. 2025See id. at 97-98 ; E. | 1 | 1 |
Bryant v. Barbaragreen1 sentence2014Barbara, 11 Kan.App.2d 165, 167 (1986) (reasonable restrictions may be imposed on the type and amount of personal property inmates are allowed to possess in prison); Meis v. Houston, 19 Neb.App. 504 , 507-508 (2012) (holding that prisoner does not have a protected property interest in the possession or use of property while in prison and because he was not deprived of ownership of the excess property, a takings clause claim was meritless). | 1 | 1 |
Bell v. Town of Wellsgreen1 sentence2011See Bell v. Town of Wells, 557 A.2d 168, 177 (Me. 1989) (indicating the state and federal takings clause are coextensive); Seven Islands Land Co. v. Maine Land Use Regulation Comm 'n, 450 A.2d 475, 482 (Me. 1982) (analyzing a takings claim without drawing any distinction between the state and federal constitutions). | 1 | 1 |
Seven Islands Land Co. v. Maine Land Use Regulation Commissiongreen1 sentence2011See Bell v. Town of Wells, 557 A.2d 168, 177 (Me. 1989) (indicating the state and federal takings clause are coextensive); Seven Islands Land Co. v. Maine Land Use Regulation Comm 'n, 450 A.2d 475, 482 (Me. 1982) (analyzing a takings claim without drawing any distinction between the state and federal constitutions). | 1 | 1 |
Biette v. Scott Dugas Trucking & Excavating, Inc.green1 sentence2005Biette v. Scott Dugas Trucking and Excavating, Inc. 676 A.2d 490, 494 (Me. 1996); State v. Babcock, 361 A.2d 911 ,913 n.1 (Me. 1976) (failure to brief issues listed on appeal constitutes waiver of those issues). individuals." Wellman v. Dqartment of Human Services, 574 A.2d 879, 883 (Me. 1990). | 1 | 1 |
Larrabee v. Town of Knoxgreen1 sentence2000The state constitutional provisions on inverse condemnation, see Larrabee v. Town of Knox, 2000 Me. 15, n.3 (February 1, 2000) for a definition of inverse condemnation as “a shorthand description of the manner in which a landowner recovers just compensation for a taking of his property when condemnation proceedings have not been instituted.” quoting United States v. Clarke, 445 U.S. 253, 257 (1980), are clear. | 1 | 1 |
United States v. Clarkegreen1 sentence2000The state constitutional provisions on inverse condemnation, see Larrabee v. Town of Knox, 2000 Me. 15, n.3 (February 1, 2000) for a definition of inverse condemnation as “a shorthand description of the manner in which a landowner recovers just compensation for a taking of his property when condemnation proceedings have not been instituted.” quoting United States v. Clarke, 445 U.S. 253, 257 (1980), are clear. | 1 | 1 |
Duquesne Light Co. v. Baraschgreen2 sentences1993See Duquesne Light Co. v. Barasch, 488 U.S. 299, 306-10 , 109 S.Ct. 609, 615-17 , 102 L.Ed.2d 646 (1989) (upholding state statute excluding utility plant not yet in use from a utility’s rate base finding no unconstitutional taking of utility’s property). 1993See Duquesne Light Co. v. Barasch, 488 U.S. 299, 306-10 , 109 S.Ct. 609, 615-17 , 102 L.Ed.2d 646 (1989) (upholding state statute excluding utility plant not yet in use from a utility’s rate base finding no unconstitutional taking of utility’s property). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eastern Enterprises v. Apfel
green
1 sentence2025The law simply imposes an obligation to perform an act, the payment of benefits.” Id. [¶31] Here, there is no identifiable property right or interest at stake that could form the basis of a takings claim. | 1 | 2025–2025 |
Frustaci v. City of South Portland
green
2 sentences2007The Court stated that "the underlying authority for the award of damages in this case involving road discontinuances, contains neither the word 'taking' nor the phrase 'just compensation,' and does not implicate a takings analysis." !d. 'IT 10, 879 A.2d at 1005 . 2007The Court stated that "the underlying authority for the award of damages in this case involving road discontinuances, contains neither the word 'taking' nor the phrase 'just compensation,' and does not implicate a takings analysis." Id. | 1 | 2007–2007 |
State v. Babcock
green
1 sentence2005Biette v. Scott Dugas Trucking and Excavating, Inc. 676 A.2d 490, 494 (Me. 1996); State v. Babcock, 361 A.2d 911 ,913 n.1 (Me. 1976) (failure to brief issues listed on appeal constitutes waiver of those issues). individuals." Wellman v. Dqartment of Human Services, 574 A.2d 879, 883 (Me. 1990). | 1 | 2005–2005 |
Foss v. Maine Turnpike Authority
green
1 sentence2003Indeed, Foss states that sovereign immunity does not shield a municipality from “legally unauthorized physical invasion of property or of serious impairment of property use and enjoyment.” Foss v. Maine Turnpike Authority, 309 A.2d at 342 . | 1 | 2003–2003 |
Agins v. City of Tiburon
red
2 sentences1997MacDonald, Sommer & Frates v. County of Yolo, 477 U.S. 340, 348-51 , 106 S.Ct. 2561, 2565-67 , 91 L.Ed.2d 285 (1986) (a final and authoritative determination of the development legally permitted is an essential prerequisite to assertion of a regulatory takings claim); Agins v. Tiburon, 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106 (1980) (no concrete controversy regarding application of ordinance until an application is submitted and decided upon). 1997MacDonald, Sommer & Frates v. County of Yolo, 477 U.S. 340, 348-51 , 106 S.Ct. 2561, 2565-67 , 91 L.Ed.2d 285 (1986) (a final and authoritative determination of the development legally permitted is an essential prerequisite to assertion of a regulatory takings claim); Agins v. Tiburon, 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106 (1980) (no concrete controversy regarding application of ordinance until an application is submitted and decided upon). | 1 | 1997–1997 |
MacDonald, Sommer & Frates v. Yolo County
green
2 sentences1997MacDonald, Sommer & Frates v. County of Yolo, 477 U.S. 340, 348-51 , 106 S.Ct. 2561, 2565-67 , 91 L.Ed.2d 285 (1986) (a final and authoritative determination of the development legally permitted is an essential prerequisite to assertion of a regulatory takings claim); Agins v. Tiburon, 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106 (1980) (no concrete controversy regarding application of ordinance until an application is submitted and decided upon). 1997MacDonald, Sommer & Frates v. County of Yolo, 477 U.S. 340, 348-51 , 106 S.Ct. 2561, 2565-67 , 91 L.Ed.2d 285 (1986) (a final and authoritative determination of the development legally permitted is an essential prerequisite to assertion of a regulatory takings claim); Agins v. Tiburon, 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106 (1980) (no concrete controversy regarding application of ordinance until an application is submitted and decided upon). | 1 | 1997–1997 |
City of New Orleans v. Dukes
green
2 sentences1982Under the equal protection clauses of the federal and state constitutions, once a legislative classification has been found not to “[trammel] fundamental personal rights” or be “drawn upon inherently suspect distinctions such as race, religion, or alienage,” New Orleans v. Dukes, 427 U.S. 297, 303 , 96 S.Ct. 2513, 2516-17 , 49 L.Ed.2d 511 (1976), it need only be shown to be rationally related to a legitimate public purpose. 1982Under the equal protection clauses of the federal and state constitutions, once a legislative classification has been found not to “[trammel] fundamental personal rights” or be “drawn upon inherently suspect distinctions such as race, religion, or alienage,” New Orleans v. Dukes, 427 U.S. 297, 303 , 96 S.Ct. 2513, 2516-17 , 49 L.Ed.2d 511 (1976), it need only be shown to be rationally related to a legitimate public purpose. | 1 | 1982–1982 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.