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· 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 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.