A “Recent Case” note in the Harvard Law Review explores Fulton v. Fulton County Board of Commissioners, a recent opinion by the U.S. Eleventh Circuit Court of Appeals in which the court held that the Takings Clause creates a cause of action for takings by the government. According to the Note, the court’s ruling “reveals the underlying federalism concern behind states’ creation of alternative remedial schemes for just compensation: Where Congress has left gaps in its legislative scheme, should federal courts step in to provide an unlimited direct cause of action under the Takings Clause, overriding the policy pronounced by state legislatures?” Read more here.
