CRV Enter., Inc. v. US, 09-5100 - Federal Circuit
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CRV Enter., Inc. v. US, 09-5100

Takings claims against the United States

CRV Enter., Inc. v. US, 09-5100, concerned a challenge to the Claims Court's judgment against the plaintiffs, in their suit against the United States, claiming that the government had taken plaintiffs' private property without just compensation by erecting a log boom that prevents plaintiffs from utilizing a slough adjacent to their property.

 

In affirming the decision of the Claims Court, the court held that the plaintiffs did not state a valid physical takings claim, as plaintiffs cannot show that the government has physically appropriated its water rights by removing water entirely.  The court also held that the plaintiffs' regulatory takings claim is barred by statute of limitations because they did not own a valid property interest at the time of the alleged regulatory taking.

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