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· 6/30/2011

Mildenberger v. United States

Citations

  • 643 F.3d 938
  • 41 Envtl. L. Rep. (Envtl. Law Inst.) 20225
  • 73 ERC (BNA) 1166
  • 2011 U.S. App. LEXIS 13561
  • 2011 WL 2568754

How courts have described this case

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

  • explaining that the Fifth Amendment ensures that the government does not appropriate private property for public use without just compensation
  • holding plaintiffs’ subjective uncertainty about the taking’s permanency was not objectively justifiable
  • outlining the history of the stabilization and justifiable uncertainty doctrines and recognizing their continued application after John R. Sandt& Gravel
  • affirming summary judgment dismissing Fifth Amendment takings claim by riparian owner for water pollution
  • affirming summary judgment dismissing Fifth Amendment takings claim by riparian owner for water pollution
  • citing, e.g., Navajo Nation v. United States, 631 F.3d 1268, 1273–74 (Fed. Cir. 2011)

Source: CourtListener parenthetical corpus (CC0).

Judges: Bryson, Gajarsa, Linn

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.