· 1/28/2005
The Stearns Company, Ltd. v. United States
Citations
- 396 F.3d 1354
- 35 Envtl. L. Rep. (Envtl. Law Inst.) 20029
- 173 Oil & Gas Rep. 159
- 59 ERC (BNA) 1865
- 2005 U.S. App. LEXIS 1398
- 2005 WL 181712
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a takings claim was not ripe because the claimant had not pursued relief that was equivalent to a VER determination
- “A physical taking occurs “when the government itself occupies the property or ‘requires the landowner to submit to physical occupation of its land.”
- “A physical taking occurs “when the government itself occupies the property or ‘requires the landowner to submit to physical occupation of its land.”
- failure to allow mining under the Surface Mining Control and Reclamation Act did not effectuate a physical taking of mineral rights
Source: CourtListener parenthetical corpus (CC0).
Judges: Clevenger, Schall, Gajarsa
Read full opinion on CourtListenerSourced 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.