Supreme Court of the United States · Official docket →
CBS MN Properties, LLC v. Hennepin County, Minnesota
Paid petition · Court of Appeals of Minnesota, No. A23-0859 · judgment March 25, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
A county unquestionably used real property that denied access to private property and allowed the private property owner to restore the denied access at the owner’s own expense, without county reimbursement. Although at trial a jury awarded substantial damages, the appellate court would eventually reduce damage to zero. The questions presented are:
-
When the government undisputedly takes a real property right, does a court have an independent duty to ensure that just compensation is more than $0?
-
Where there is a temporary taking of property rights, is it required under the Fifth Amendment to measure just compensation using the rental value of the property for the time it is taken?
Counsel of record
For petitioner
Erick G. Kaardal
Mohrman, Kaardal & Erickson P.A.
For respondent
Joseph E. Trojack
Hennepin County Attorney's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 04 2024Petition DENIED.
- Oct 09 2024DISTRIBUTED for Conference of 11/1/2024.
- Sep 26 2024Waiver of right of respondent The County of Hennepin to respond filed.
- Sep 19 2024Petition for a writ of certiorari filed. (Response due October 24, 2024)