Posted by MarkB_MI on February 25, 2017 at 04:05:37 from (70.194.6.132):
In Reply to: Critical habitat land posted by John in La on February 24, 2017 at 20:55:23:
OK, so it seems Fish & Wildlife's argument is the land in question contains certain ponds required for the frog's survival. Which is the key point around which the case revolves: Does the land contain one or more unique features required for a species' survival? http://abcnews.go.com/US/wireStory/appeals-court-hear-dusky-gopher-frog-case-45477882
It seems to me it will be a very uphill battle to convince SCOTUS to hear the case. There are plenty of court precedents in the area of eminent domain that have determined the government can do pretty much whatever it deems necessary when it comes to taking private property, or restricting what landowners do with their property. Unless the plaintiff can show its case treads new ground, the Supreme Court is unlikely to hear the case.
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