United States Federal Circuit

The Court of Federal Claim properly concluded that plaintiff's Fifth Amendment Takings claim was not ripe, where: 1) beneficial use is the proper measure of plaintiff's property right; 2) the state of California does not categorize storage or diversion for storage, in and of themselves, as beneficial uses; and 3) the diversion of the required amount of water down the fish ladder does not currently impinge on plaintiff's compensable property interest--the right to beneficial use.

Appellate Information

• Decided 02/27/2013
• Published 02/27/2013

Judges

• SCHALL

Court

• United States Federal Circuit

Counsel