taking claim in Louisiana

8 Louisiana opinions name it 2 courts 1987–2026 2 in the last five years

The cases below were cited by Louisiana 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.

Followed or applied (4)

Case	Followed	Cited
Westinghouse Electric Corp. v. Tribblegreen scotus · 1983 · cited in 2 Louisiana opinions naming this issue, 1987–2005 2 sentences 2005State v. Tonubbee, 420 So.2d 126 (La.1982), cert. denied, 460 U.S. 1081 , 103 St.Ct. 1768, 76 L.Ed.2d 342 (1983). 1987State v. Tonubbee, 420 So.2d 126 (La.1982), cert denied, 460 U.S. 1081 , 103 St.Ct. 1768, 76 L.Ed.2d 342 (1983).	2	2
Andrus v. Allardgreen scotus · 1979 · cited in 2 Louisiana opinions naming this issue, 1998–2004 2 sentences 2004L.J. 53, 72 (2003) (case note); see also Louisiana Seafood Management Council v. Louisiana Wildlife and Fisheries Com'n., 97-1367 (La.5/19/98), 715 So.2d 387, 392-92 (citing Andrus v. Allard, 444 U.S. 51, 66 , 100 S.Ct. 318, 327 , 62 L.Ed.2d 210 (1979) ("loss of future profits-unaccompanied by any physical property restriction-provides a slender reed upon which to rest a taking claim ... [T]he interest in anticipated gains has traditionally been viewed as less-compelling than other property-related interests.")) Further, the court of appeal's holding that Caernarvon rendered the plaintiffs' oy 2004L.J. 53, 72 (2003) (case note); see also Louisiana Seafood Management Council v. Louisiana Wildlife and Fisheries Com'n., 97-1367 (La.5/19/98), 715 So.2d 387, 392-92 (citing Andrus v. Allard, 444 U.S. 51, 66 , 100 S.Ct. 318, 327 , 62 L.Ed.2d 210 (1979) ("loss of future profits-unaccompanied by any physical property restriction-provides a slender reed upon which to rest a taking claim ... [T]he interest in anticipated gains has traditionally been viewed as less-compelling than other property-related interests.")) Further, the court of appeal's holding that Caernarvon rendered the plaintiffs' oy	1	2
Century Exploration New Orleans, Inc. v. United Statesgreen uscfc · 2012 · cited in 1 Louisiana opinions naming this issue, 2026–2026 1 sentence 2026The Court of Federal Claims has echoed this viewpoint: “When a plaintiff possesses enforceable rights under a contract with the government, ‘interference with such contractual rights generally gives rise to a breach claim not a taking claim.’” Century Exploration New Orleans, Inc. v. United States, 103 Fed.	1	1
La. Seafood Management Council v. La. Wildlife and Fisheries Com'ngreen la · 1998 · cited in 1 Louisiana opinions naming this issue, 2004–2004 1 sentence 2004L.J. 53, 72 (2003) (case note); see also Louisiana Seafood Management Council v. Louisiana Wildlife and Fisheries Com'n., 97-1367 (La.5/19/98), 715 So.2d 387, 392-92 (citing Andrus v. Allard, 444 U.S. 51, 66 , 100 S.Ct. 318, 327 , 62 L.Ed.2d 210 (1979) ("loss of future profits-unaccompanied by any physical property restriction-provides a slender reed upon which to rest a taking claim ... [T]he interest in anticipated gains has traditionally been viewed as less-compelling than other property-related interests.")) Further, the court of appeal's holding that Caernarvon rendered the plaintiffs' oy	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Mitchell Arms, Inc. v. United States green cafc · 1993 2 sentences 2009Mitchell Arms, Inc., 7 F.3d at 216 . 2009Mitchell Arms, Inc., 7 F.3d at 216 .	2	2009–2009
Connolly v. Pension Benefit Guaranty Corporation green scotus · 1986 2 sentences 2009The court found that the appropriate standard for evaluating a taking claim was set forth in Connolly v. Pension Benefit Guaranty Corp., 475 U.S. 211 , 106 S.Ct. 1018 , 89 L.Ed.2d 166 (1986), where the Court listed three factors of particular significance to the inquiry: (1) the economic impact of the regulation on the claimant; (2) the extent to which the regulation has interfered with distinct "investment-backed expectations”; and (3) the character of the government action. 2009The court found that the appropriate standard for evaluating a taking claim was set forth in Connolly v. Pension Benefit Guaranty Corp., 475 U.S. 211 , 106 S.Ct. 1018 , 89 L.Ed.2d 166 (1986), where the Court listed three factors of particular significance to the inquiry: (1) the economic impact of the regulation on the claimant; (2) the extent to which the regulation has interfered with distinct "investment-backed expectations”; and (3) the character of the government action.	2	2009–2009
State v. Tonubbee green la · 1982 2 sentences 2005State v. Tonubbee, 420 So.2d 126 (La.1982), cert. denied, 460 U.S. 1081 , 103 St.Ct. 1768, 76 L.Ed.2d 342 (1983). 1987State v. Tonubbee, 420 So.2d 126 (La.1982), cert denied, 460 U.S. 1081 , 103 St.Ct. 1768, 76 L.Ed.2d 342 (1983).	2	1987–2005
Tabeling v. United States green scotus · 1983 2 sentences 2005State v. Tonubbee, 420 So.2d 126 (La.1982), cert. denied, 460 U.S. 1081 , 103 St.Ct. 1768, 76 L.Ed.2d 342 (1983). 1987State v. Tonubbee, 420 So.2d 126 (La.1982), cert denied, 460 U.S. 1081 , 103 St.Ct. 1768, 76 L.Ed.2d 342 (1983).	2	1987–2005
D. L., Individually, as Next Friend of J. L., and as Administratrix of Estate of R. L. v. Unified School District No. 497, Douglas County, Kansas green scotus · 2005 1 sentence 2022In support of his claim that the bar owners have no cause of action for compensation under Article I, Section 4 of the Louisiana Constitution, the Governor relies heavily on language in a footnote in the case Avenal v. State and Department of Natural Resources, 2003- 3521 ( La. 10/ 19/ 04), 886 So. 2d 1085 , cert. denied, 544 U.S. 1049 , 125 S. Ct. 2305 , 161 L.Ed.2d 1090 ( 2005), which involved a taking claim by oyster fisherman against the Department of Natural Resources.	1	2022–2022
Younger v. Younger green scotus · 2005 1 sentence 2022In support of his claim that the bar owners have no cause of action for compensation under Article I, Section 4 of the Louisiana Constitution, the Governor relies heavily on language in a footnote in the case Avenal v. State and Department of Natural Resources, 2003- 3521 ( La. 10/ 19/ 04), 886 So. 2d 1085 , cert. denied, 544 U.S. 1049 , 125 S. Ct. 2305 , 161 L.Ed.2d 1090 ( 2005), which involved a taking claim by oyster fisherman against the Department of Natural Resources.	1	2022–2022
Morris v. Nicholson green scotus · 2005 1 sentence 2022In support of his claim that the bar owners have no cause of action for compensation under Article I, Section 4 of the Louisiana Constitution, the Governor relies heavily on language in a footnote in the case Avenal v. State and Department of Natural Resources, 2003- 3521 ( La. 10/ 19/ 04), 886 So. 2d 1085 , cert. denied, 544 U.S. 1049 , 125 S. Ct. 2305 , 161 L.Ed.2d 1090 ( 2005), which involved a taking claim by oyster fisherman against the Department of Natural Resources.	1	2022–2022
Avenal v. State green la · 2004 2 sentences 2022In support of his claim that the bar owners have no cause of action for compensation under Article I, Section 4 of the Louisiana Constitution, the Governor relies heavily on language in a footnote in the case Avenal v. State and Department of Natural Resources, 2003- 3521 ( La. 10/ 19/ 04), 886 So. 2d 1085 , cert. denied, 544 U.S. 1049 , 125 S. Ct. 2305 , 161 L.Ed.2d 1090 ( 2005), which involved a taking claim by oyster fisherman against the Department of Natural Resources. 2022Avenal, 886 So. 2d at 1107 n. 28.	1	2022–2022
Faulk v. Union Pacific Railroad green la · 2015 1 sentence 2022Faulk, 172 So. 3d at 1056 - 1057.	1	2022–2022
First English Evangelical Lutheran Church v. County of Los Angeles green scotus · 1987 2 sentences 2009California, 482 U.S. 304, 318 , 107 S.Ct. 2378, 2388 , 96 L.Ed.2d 250 (1987), held that a "temporary" regulatory taking may require the payment of just compensation pursuant to a claim of inverse condemnation. [9] We note that Allied-General Nuclear Services involved a taking claim brought pursuant to the Fifth Amendment of the United States Constitution. 2009California, 482 U.S. 304, 318 , 107 S.Ct. 2378, 2388 , 96 L.Ed.2d 250 (1987), held that a "temporary" regulatory taking may require the payment of just compensation pursuant to a claim of inverse condemnation. [9] We note that Allied-General Nuclear Services involved a taking claim brought pursuant to the Fifth Amendment of the United States Constitution.	1	2009–2009

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (3)

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.

Where else courts name it

TX 92 (1966–2025) CA 69 (1946–2025) IL 35 (1914–2026) MI 33 (1958–2025) PA 30 (1921–2019) SC 28 (1957–2025) CT 28 (1969–2019) FL 24 (1967–2025) NY 23 (1964–2024) OH 19 (1972–2026) AL 18 (1885–2012) NJ 18 (1965–2025) VA 16 (1955–2024) WA 15 (1990–2019) IA 15 (1912–2022) IN 14 (1883–2015) MD 13 (1941–2016) OR 13 (1970–2022) WI 12 (1936–2014) NC 12 (1932–2018) MA 10 (1944–2024) MO 10 (1891–2005) MN 9 (1923–2024) LA 8 (1987–2026) RI 7 (1968–2005) CO 7 (1905–2016) KY 7 (1892–2026) NM 7 (1970–2023) GA 6 (1929–2015) SD 5 (1894–2016) KS 5 (1978–2012) ND 5 (1985–2024) AZ 4 (1983–2018) TN 4 (1932–2008) OK 4 (1952–2016) NE 4 (1921–1998) ID 4 (1962–2023) HI 4 (2007–2025) DC 4 (1968–2021) UT 4 (1987–2006) WY 3 (1957–2020) MS 3 (1988–2014) ME 2 (1982–2020) NV 2 (1915–1993) MT 2 (2008–2008) VT 2 (1918–2008) NH 2 (2013–2023)

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.

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