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· 7/28/2003

Pascoag Reservoir & Dam, LLC v. Rhode Island

Citations

  • 337 F.3d 87
  • 33 Envtl. L. Rep. (Envtl. Law Inst.) 20246
  • 56 ERC (BNA) 1947
  • 2003 U.S. App. LEXIS 14931
  • 2003 WL 21730581

How courts have described this case

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

  • concluding that if the failure to bring a state inverse condemnation claim could be excused simply because that claim was time-barred, the exception “would swallow the general rule of state remedy exhaustion”
  • holding that Rhode Island’s inverse condemnation action was not unavailable, inadequate, or futile at the time of the taking even though it was time-barred at the time the federal suit was brought
  • noting that futility is an exception to this prong
  • rejecting a futility argument because the plaintiffs claims were barred by the statute of limitations
  • affirming dismissal of takings claim with prejudice because the plaintiff’s “failure to bring a timely suit for compensation under state law has led to the forfeiture of its federal taking claim.”
  • noting only “just compensation” prong applies to claim involving physical appropriation

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Torruella, Lipez

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.