· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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