Adjacent Properties Not Part of One Development for Takings Purposes, Federal Circuit Rules
- Glen C. Hansen
- Apr 16, 2013
- 5 min read
The Court of Appeals for the Federal Circuit held that, in determining the relevant parcel of land for purposes of analyzing a regulatory takings claim based on the denial of the U.S. Army Corps of Engineers of a Clean Water Act § 404 fill permit, the Court of Federal Claims should only consider the economic value relating to the single parcel of land containing the wetlands to be filled, and not the adjacent developed property and other wetlands in the vicinity owned by the same developer. Here, the single parcel was never considered part of the same larger development.
