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Vaizburd v. United States

ELR Citation: 34 ELR 20107
Nos. No. 03-5154, (Fed. Cir., 10/01/2004)

The Federal Circuit held that the government's deposit of sand on landowners' property amounted to a physical taking of a permanent easement but that the landowners failed to establish any decline in the fair market value of their property. Although the lower court properly held that the landowners were not entitled recover compensation for a decline in the market value of their property, the case was vacated and remanded to determine possible recovery on a cost of cure theory.