[DOWNLOAD] "Ridge Line, Inc. v. United States" by United States Court of Appeals for the Federal Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Ridge Line, Inc. v. United States
- Author : United States Court of Appeals for the Federal Circuit
- Release Date : January 10, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Ridge Line, Inc. appeals from a judgment following trial by the United States Court of Federal Claims, Ridge Line, Inc. v. United States, No. 98-CV-929, 2002 U.S. Claims LEXIS 240 (Fed. Cl. Sept. 4, 2002), holding that increased storm drainage caused by the construction of a Postal Service facility and associated parking lots and driveways did not constitute a taking of any real property interest of Ridge Line that would justify compensation under the Takings Clause of the United States Constitution. U.S. Const. amend. V. The trial court found that the affected portion of Ridge Line's land, a ravine known as South Hollow, was not effectually destroyed nor suffered a permanent and exclusive occupation by the increased runoff from the federal land uphill from Ridge Line's property and that in any event Ridge Line failed to demonstrate quantified damages for any erosion injury to South Hollow or diminished resale value thereof. Because the trial court (1) failed to address whether the increased storm drainage constituted a taking of a flowage easement by inverse condemnation as expressly argued by Ridge Line and (2) rejected as a permissible basis of damages in any event the cost of the flood control structures Ridge Line built and twice expanded for prevention of further damage to its land, we vacate the trial court's judgment and remand for further analysis and decision consistent with this opinion.