Legal Opinion

Drakes Bay Land Company, a Corporation v. The United States

United States Court of Claims

Decided April 17, 1970No. 275-66PublishedCited by 72 opinions

1Opinion of the Court

OPINION

NICHOLS, Judge *

This is an action for just compensation pursuant to the Fifth Amendment. Seeking to recover the difference between land valued at its highest and best use and its reduced current value, plaintiff claims that the diminution was caused by a Government taking. Although we agree that a taking has occurred, we believe that it was a taking of the entire property.

The subject land is a 468-acre tract located within the boundaries of the 53,-000-acre Point Reyes National Seashore area (hereinafter Seashore) as authorized in 16 U.S.C. § 459c-l (1964), Pub.L. 87-657, approved…

2Cases cited10 opinions

  1. United States v. MillerSupreme Court of the United States · 1943
  2. United States v. ReynoldsSupreme Court of the United States · 1970
  3. Portsmouth Harbor Land & Hotel Co. v. United StatesSupreme Court of the United States · 1922
  4. Thomas E. Foster and Georgia Lee Foster, and Cross-Appellants v. City of Detroit, Michigan, and Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1968
  5. Dominic Eyherabide, Jean M. Eyherabide, Raymond Castanchoa and Marie Castanchoa v. The United StatesUnited States Court of Claims · 1965

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3Cited by72 opinions

  1. Florida Rock Industries, Inc., Appellee/cross-Appellant v. The United States, Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1986
  2. Barnes v. United StatesUnited States Court of Claims · 1976
  3. Thomas W. Garland, Inc. v. The City of St. Louis and Manley Investment CompanyCourt of Appeals for the Eighth Circuit · 1979
  4. Whitney Benefits, Inc. And Peter Kiewit Sons' Co. v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  5. Katherine Amen, Plaintiffs-Appellees-Cross-Appellants v. City of Dearborn, a Municipal Corporation, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1983

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