Legal Opinion
The Stearns Company, Ltd. v. United States
Court of Appeals for the Federal Circuit
Decided January 28, 2005No. 2004-5031PublishedCited by 32 opinions
1Opinion of the Court
CLEVENGER, Circuit Judge.
The United States appeals the judgment of the Court of Federal Claims that provisions of the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”), 30 U.S.C. §§ 1201-1328, effected a taking of Appellee’s mineral rights. See Stearns Co. v. United States, 53 Fed.Cl. 446 (2002). Because the Court of Federal' Claims erred in concluding that SMCRA produced a physical taking of Appellee’s mineral rights and because a claim that SMCRA caused a regulatory taking is not ripe, we reverse.
I
This case involves property that is currently part of the Daniel Boone National…
2Cases cited9 opinions
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Yee v. City of EscondidoSupreme Court of the United States · 1992
- United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
- Wyatt v. United StatesCourt of Appeals for the Federal Circuit · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Air Pegasus of d.c., Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Casitas Municipal Water District v. United StatesCourt of Appeals for the Federal Circuit · 2008
- Huntleigh USA Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2008
- Chicago Coating Company, LLC v. United StatesCourt of Appeals for the Federal Circuit · 2018
- Reoforce, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2017
27 more not listed; retrieve them via the Exa API.