Earlier this year, the Federal Circuit held that a single parcel owned by the plaintiff was the relevant parcel against which the impact of the Corps of Engineers’ denial of a § 404 wetlands dredge and fill permit is to be measured for regulatory takings analysis. In Lost Tree Village Corp. v. United States (January 10, 2013), the appellate court overturned a U.S. Court of Federal Claims decision that concluded the relevant parcel was that single plot plus an additional nearby lot and “scattered wetlands in the vicinity” also owned by the same owner.
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Topics: Fifth Amendment, Relevant Parcel, Taking
Constitutional Law Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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