Court of Federal Claims' dismissal of plaintiff's Fifth Amendment taking claim is affirmed where it correctly determined that plaintiff's property interest arose from access to and use of a navigable waterway, and thus, the interest is subservient to the Government's navigational servitude and is not compensable under the Fifth Amendment.
Appeal from the United States Court of Federal Claims.
Decided: July 31, 2009
Before LOURIE, RADER, and DYK, Circuit Judges.
Opinion by RADER, circuit Judge.
For Plaintiff: William P. Crews, Jr., William P. Crews, Jr., LLC, Natchitoches, Louisiana.
For Defendant: Mark R. Haag, United States Department of Justice, Washington, DC.