The Fairholme v US takings case is dead after the CAFC ruling. Plaintiffs filed a petition for a writ of certiorari, and SCOTUS will determine whether or not to hear the case by the end of the year.
If SCOTUS doesn't grant the writ, it's over and the takings case is screwed.
Concerning the conservatorship itself, the CAFC opinion says that HERA made it impossible for shareholders to exclude the gov't from their property, implying the initial taking happened in 2008 rather than 2012. I don't know how you would assess damages, but either way I expect SCOTUS will reject this interpretation. "Right to exclude" =/= right to property, and they won't allow HERA to supersede the Constitution's Fifth Amendment.
But again, SCOTUS has to take the case first.
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