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United States Federal Circuit


McGuire v. US, 12-5073

Denial of plaintiff's Fifth Amendment regulatory takings claim, against defendant Bureau of Indian Affairs for refusing to authorize replacement of a bridge that defendant removed, which plaintiff used to access portions of land he leased from the Colorado River Indian Tribes, is affirmed, where: 1) plaintiff's regulatory takings claim never ripened because plaintiff never availed himself of the permitting process or exhausted his administrative remedies; and 2) even if plaintiff's claim had ripened, he had no cognizable property interest.

Appellate Information

  • Decided 02/20/2013
  • Published 02/20/2013

Judges

  • DYK

Court

  • United States Federal Circuit

Counsel

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