United States Federal Circuit

In plaintiffs' 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, the Claims Court's judgment against the plaintiffs is affirmed where: 1) 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; and 2) 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.

Appellate Information

• Decided 11/17/2010
• Published 11/17/2010

Judges

• DYK

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John H. Patton, Aaron P. Avila