United States Federal Circuit
Palmyra Pacific Seafoods, L.L.C. v. U.S., 08-5058
In a takings action involving the Palmyra Atoll brought by commercial fishing operations, Court of Federal Claims' dismissal for failure to state a claim is affirmed where: 1) although the government's regulation of activities in the waters surrounding Palmyra may have adversely affected the value of plaintiff's contract rights, that action is not sufficient to constitute a compensable taking; and 2) even if the government regulation targeted plaintiff's contract rights in order to promote the interests of another party, it still did not constitute a compensable taking, as it regulated conduct in which plaintiff had no protectable property interest.
Appellate Information
- Decided 04/09/2009
- Published 04/09/2009
Judges
Court
- United States Federal Circuit