United States Federal Circuit

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Estate of E. Wayne Hage v. US, 11-5001

In plaintiffs' suit against the government seeking compensation for a Fifth Amendment taking of private property, breach of contract, and range improvements, concerning their grazing rights and water rights on federal land under 43 U.S.C. section 1752(g), judgment of the district court is affirmed in part, reversed in part, vacated in part and remanded where: 1) the claims court erred in holding that the plaintiffs' regulatory takings claim was ripe; 2) the claims court erred in holding that the construction of fences amounted to a physical taking because there is no evidence that the government's actions resulted in taking plaintiffs' water rights; 3) the claims court erred in awarding plaintiffs compensation for range improvements under section 1752(g) because the plaintiffs' claim is not ripe; and 4) claims court did not err in denying plaintiffs pre-judgment interest for any range improvements award because they failed to identify a cognizable property interest.

Appellate Information

  • Decided 07/26/2012
  • Published 07/26/2012


  • Moore


  • United States Federal Circuit