Stephens v. United States

OPINION

BRUGGINK, Judge.

This is a suit for compensation for the alleged taking of an avigation easement in the airspace over plaintiffs’ property. Plaintiffs’ claim is founded upon the fifth amendment to the Constitution of the United States. They allege that their property has been taken without due process of law and without just compensation. The specific basis for plaintiffs’ claim is that defendant “inversely” condemned an easement across their land through persistent low overflights of jet aircraft. The court has jurisdiction pursuant to 28 U.S.C. § 1491 (1982).

Upon consideration of the…