Cable Holdings of Georgia, Inc. v. McNeil Real Estate Fund VI, Ltd.

I respectfully dissent from the court’s decision to deny the petition for rehearing en banc for the following two reasons. First, as I discuss in part II, this case presents the issue of whether the Fifth Amendment’s Just Compensation Clause is self-executing. The panel, by proceeding as if the clause is not self-executing, has established a rule with far-reaching implications. According to the panel — and apparently now a settled matter in this circuit — state and federal statutes that operate to take private property but which do not explicitly provide for just compensation *1072are…