Government Takings Litigation Update - Through the Lens of Love Terminal

Sponsored by the Environmental Law & Property Rights Practice Group

Event Video

Listen & Download

On April 25, 2019, the Federalist Society's Environmental Law & Property Rights Practice Group sponsored a panel discussion on "Government Takings Litigation Update - Through the Lens of Love Terminal."

A 2018 federal circuit court ruling rejected compensation to the plaintiff in a case in which the government took through eminent domain a privately owned airline terminal and physically demolished it. The plaintiffs, now seeking cert before the U.S. Supreme Court, spent $17 million building that terminal at Dallas Love Field Airport. The U.S. Court of Claims ruled that the taking of the terminal was worth more than $133 million, but the Federal Circuit Court of Appeals reversed, declaring the terminal's value to be zero, as the investment property had yet to earn a positive cash flow. Our panel of experts discussed the impact of Love Terminal Partners v. U.S. on takings law.


  • Mr. George Will, Opinion Writer, The Washington Post
  • Prof. J. Peter Byrne, J. Hampton Baumgartner, Jr., Chair In Real Property Law, Georgetown Law
  • Ms. Elizabeth P. Papez, Partner, Gibson Dunn
  • Prof. George L. Priest, Edward J. Phelps Professor of Law and Economics, Yale Law School
  • Moderator: Mr. Adam Liptak, Supreme Court Correspondent, The New York Times

 * * * * * 

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.