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CRV Enterprises, Inc. v. United States

ELR Citation: 40 ELR 20033
Nos. No. 2009-5100, (Fed. Cir., 11/17/2010)

The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their property. The government placed the log boom in the slough to remediate contamination at a nearby site. The landowners failed to state a physical takings claim because there has been no physical invasion of their land. The log boom is anchored to the bottom of the slough, and the plaintiffs do not own the bed of the slough. Nor can the landowners show that the government physically appropriated their rights to water in the slough by removing water entirely. And because the landowners did not own the property at the time of the governmental action, any regulatory takings claim they may have had was barred by the statute of limitations.