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Stearns Co., Ltd. v. United States

Citation: 35 ELR 20029
No. No. 04-5031, (Fed. Cir., 01/28/2005)

The Federal Circuit reversed a lower court decision that the Surface Mining Control and Reclamation Act (SMCRA) produced a physical taking of a company's mineral rights. In 1937, the company sold the surface rights of land in the Daniel Boone National Forest to the United States but it retained the mineral rights. In 1977, the U.S....

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