Legal Opinion

Rose Acre Farms, Inc. v. United States

Court of Appeals for the Federal Circuit

Decided March 12, 2009No. 2007-5169PublishedCited by 61 opinions

1Opinion of the Court

MICHEL, Chief Judge.

In 1992, Rose Acre Farms, Inc. (“Rose Acre”) filed the present action in the United States Court of Federal Claims, claiming that United States Department of Agriculture (“USDA” or “the government”) regulations that restricted egg sales from its farms and caused the loss of egg-laying chickens that tested positive for the presence of salmonella bacteria effected a taking requiring compensation under the Fifth Amendment. In 2003, the trial court held that Rose Acre was entitled to compensation for a taking of the eggs affected by the regulations as well as for hens seized…

2Cases cited55 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  4. Mugler v. KansasSupreme Court of the United States · 1887
  5. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987

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3Cited by61 opinions

  1. The Dow Chemical Company v. Nova Chemicals CorporationCourt of Appeals for the Federal Circuit · 2015
  2. Dimare Fresh, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015
  3. Tom Brakke and Rhonda Brakke D/B/A/ Pine Ridge Hunting Lodge, and McBra, Inc. v. Iowa Department of Natural Resources and Iowa Natural Resource CommissionSupreme Court of Iowa · 2017
  4. Gennadiy Nekrilov v. City of Jersey CityCourt of Appeals for the Third Circuit · 2022
  5. Love Terminal Partners, L.P. v. United StatesCourt of Appeals for the Federal Circuit · 2018

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