· 5/29/2002
Paul Conti and Conti Corporation (As Owner of F/v Providenza) v. United States
Citations
- 291 F.3d 1334
- 52 Fed. Cl. 1334
- 32 Envtl. L. Rep. (Envtl. Law Inst.) 20667
- 2003 A.M.C. 2294
- 2002 U.S. App. LEXIS 10261
- 2002 WL 1068300
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a swordfishing per- mit did not constitute a cognizable property interest
- finding that a fishing vessel and gear still had value even after a ban on fishing went into effect
- finding no property interest in swordfish fishing permit cognizable under the Fifth Amendment Takings Clause because permit was merely revocable license
- considering the absence of traditional indicia of property, including transferability and exclusionary rights, and the government’s retained authority to alter, suspend, or revoke the permit
- finding no cognizable property interest in a fishing permit because the plaintiff did not have “[t]he right[ ] to sell, assign, or otherwise transfer” the permit and “the government at all times retained the right to revoke, suspend, or modify the permit”
- no property interest in fishing licenses or permits that “did not confer exclusive fishing privileges” and that “the government at all times retained the right to revoke, suspend, or modify”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Clevenger, Schall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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