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· 8/16/2004

American Pelagic Fishing Company, L.P. v. United States

Citations

  • 379 F.3d 1363
  • 2004 A.M.C. 2289
  • 34 Envtl. L. Rep. (Envtl. Law Inst.) 20075
  • 2004 U.S. App. LEXIS 16709
  • 2004 WL 1812709

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the contract rights the plaintiff alleged were valid property interests under the Fifth Amendment
  • stating that, to prevail on a takings claim, a plaintiff must identify a valid property interest and a government action that amounts to a taking of that property interest
  • observing that temporary takings occur when would-be permanent takings are cut short
  • rejecting an alleged property interest in permits and authorization letters because the government retained the right to deny or sanction those permits and letters
  • determining whether a property interest exists for purposes of the Takings Clause by examining the rights associated with the interest
  • finding no property interest in fishing for mackerel and herring cognizable under the Fifth Amendment Takings Clause

Source: CourtListener parenthetical corpus (CC0).

Judges: Clevenger, Schall, Bryson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.