United States Federal Circuit
Rose Acre Farms, Inc. v. US, 07-5169
Court of Federal Claims holding that USDA regulations which restricted defendant's egg sales during a two-year period constituted a taking for which just compensation is due is reversed where: 1) plaintiff's monetary loss due to the regulations was not insignificant but did not approach the level of severe economic harm; 2) the character of the government's regulations strongly favors a non-taking; and 3) although the reasonable investment-backed expectations favor plaintiff, they are not strong enough to be dispositive. The government did not commit a compensable taking and is thus not liable to plaintiff for just compensation.
Appellate Information
- Decided 03/12/2009
- Published 03/12/2009
Judges
Court
- United States Federal Circuit