Forest Properties, Inc.(now Known as Rck Properties, Inc.) v. United States, and Big Bear Municipal Water District

How courts have described this case

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

• holding relevant parcel included 53 upland acres and 9 acres of lake bottom where tracts were acquired at different times but “economic reality” was that owner treated the property as single integrated project
• describing a physical taking as “when the government itself occupies the property or ‘requires the landowner to submit to physical occupation of its land’” (quoting Yee v. City of Escondido, 503 U.S. 519, 527 (1992))
• Government did not require submission to occupation when its denial of permit triggered reversionary clause in deed
• “the economic impact of the regulation upon the claimant is measured by the change, if any, in the fair market value caused by the regulatory imposition.” (internal quotations omitted)
• no physical taking where denial of permit prevented excavation and filling of lake bottom
• separate parcels viewed as a single economic unit may constitute the relevant parcel

Source: CourtListener parenthetical corpus (CC0).