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United States Federal Circuit


BANNER v. US, 00-5006

The Seneca Nation Land Claims Settlement Act of 1990, 25 USC 1774, does not violate the Takings Clause because collateral estoppel prevents finding a compensable property interest, and any improvements on the land reverted to the owner when the lease expired.

Appellate Information

  • Decided 01/29/2001
  • Published 01/30/2001

Judges

  • GAJARSA, Circuit Judge., Before RADER, BRYSON, and GAJARSA, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • David J. Sleight,Lustig & Brown, LLP, of Buffalo, New York, argued for plaintiffs-appellants.

  • For Appellees:
  • Katherine Hazard, Attorney, Environment & Natural Resources Division, Appellate Section, Department of Justice, of Washington, DC, argued for defendant-appellee.   On the brief were Lois J. Schiffer, Assistant Attorney General;  Kathryn E. Kovacs, and John A. Bryson, Attorneys.
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