United States Federal Circuit

On appeal from a decision of the United States Court of Federal Claims awarding plaintiffs $3,043,051, plus interest, for the temporary taking of a blanket easement over five parcels of land and limiting the government's liability to the taking of an easement over those five parcels and limiting the period of the taking to April of 1999 to October of 2008, the judgment is affirmed in part and vacated in part, where: 1) the Claims Court erred when it concluded that the government's taking of the easement was a temporary rather than a permanent physical taking, resulting in an erroneous calculation of the plaintiffs' damages; and 2) the Claims Court did not err in limiting the government's liability.

Appellate Information

• Decided 01/25/2012
• Published 01/25/2012

Judges

• Schall

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Roger J. Marzulla, John E. Arbab