Pettro v. United States

OPINION

HORN, Judge.

This matter comes before the court on plaintiff Shirl Pettro’s claim that he is entitled to just compensation under the Fifth Amendment of the United States Constitution for a temporary taking of certain mineral rights by the defendant, the United States. After careful consideration of the record, the parties’ filings, and the relevant law, the court finds that the defendant temporarily took plaintiffs property when, for portions of three years, the United States Forest Service prevented plaintiff from exercising his right to remove sand and gravel from his property in Utah…