On April 23, 2015, the Supreme Court heard oral argument in Horne v. Department of Agriculture. This case presents three questions. The first is whether the government is required by the Fifth Amendment to pay just compensation when seizing personal property as it must do for real property. The second question is whether the government is exempt from paying just compensation when it seizes personal property if the owner of the property maintains a "contingent interest" in a share of the value of the property. The third question is whether the government's requirement that property owners hand over specific property in order to be permitted to put their crop on the market amounts to a taking.
To discuss the case, we have John Elwood, who is a partner in the Washington, DC office of Vinson&Elkins.