Not long ago the Fourth Circuit had that funky Charlottesville case, where the majority of the panel bought in the plaintiff's argument that the taking of her land was also a Fifth Amendment seizure. One reason for the plaintiff to make this argument, I thought, is that litigating a taking is difficult.
I've just now learned from this post that the House of Representatives has passed a bill that would make it easier for property owners to sue in federal court when government takes their property. I'm not sure whether this is a good thing, but it surely is interesting, although it may never pass the Senate. Some federal judges are probably opposed to it, not looking forward to a mess of cases claiming that the highway department exceeded its right-of-way by six inches.
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