Tag Archives: Fifth Amendment takings

New Scholarship on Carcieri, Patchak, and the HEARTH Act Regulations

Noah Nehemiah Gillespie has published “Preserving Trust: Overruling Carcieri and Patchak While Respecting the Takings Clause” (PDF) in the George Washington Law Review. Here is the abstract: The potential benefit of new Bureau of Indian Affairs (“BIA”) regulations for development … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, Legislation, Regulations, Scholarship, Supreme Court | Tagged , , , , , , | 1 Comment

Federal Circuit Dismisses Navajo Takings Claim as Time-Barred

Here is the opinion in Navajo Nation v. United States. An excerpt: The Navajo Nation appeals a judgment of the United States Court of Federal Claims denying its claim seeking damages for an alleged Fifth Amendment taking of its right … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,