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· 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 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.