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Norman v. United States

ELR Citation: 34 ELR 20157
Nos. No. 95-667 L, (Fed. Cl., 12/10/2004)

The Federal Claims Court holds that landowners are not entitled to just compensation under the Fifth Amendment in their action against the U.S. Army Corps of Engineers (the Corps) for requiring them to set aside a portion of their property as mitigation wetlands in exchange for a §404 permit to fill and impact other wetlands on their land. The Corps' issuance of a 1999 permit, and the related Deed of Restrictions, resulting in 220.85 acres of the landowners' property being set aside as wetlands, did not effect a physical taking of plaintiffs' property nor a categorical taking of plaintiffs’ property under the Fifth Amendment. Furthermore, due to the lack of a severe economic impact and the landowners' failure to show that the nature of the governmental action in this instance unduly burdened them or was otherwise inappropriate, the court found that no regulatory taking of property occurred.