No. 25-539
Johnathan H. Dinh, et al. v. United States
Amici (1)Response Waived
Tags: fifth-amendment government-liability just-compensation property-rights takings-clause third-party-taking
Key Terms:
AdministrativeLaw Environmental FifthAmendment Takings DueProcess Privacy JusticiabilityDoctri
AdministrativeLaw Environmental FifthAmendment Takings DueProcess Privacy JusticiabilityDoctri
Latest Conference:
2026-01-09
Question Presented (from Petition)
1. Can Congress insulate itself from Fifth Amendment takings liability by creating a separate, third-party entity and authorizing that entity to "independently" take private property without paying for it?
2. To state a claim for a Government-authorized third-party taking under the Fifth Amendment must the property owner also show that the third-party was coerced into taking the property?
Question Presented (AI Summary)
Can Congress insulate itself from Fifth Amendment takings liability by creating a separate, third-party entity and authorizing that entity to 'independently' take private property without paying for it?
Docket Entries
2026-01-12
Petition DENIED.
2025-12-03
DISTRIBUTED for Conference of 1/9/2026.
2025-12-03
Amicus brief of Mark Elliott submitted.
2025-12-03
Brief amicus curiae of Mark Elliott filed. (Distributed)
2025-12-01
Waiver of United States of right to respond submitted.
2025-12-01
Waiver of right of respondent United States to respond filed.
2025-10-29
Petition for a writ of certiorari filed. (Response due December 3, 2025)
Attorneys
Johnathan H. Dinh, et al.
Nancie G. Marzulla — Marzulla Law, LLC, Petitioner
Mark Elliott
United States
D. John Sauer — Solicitor General, Respondent