Kingsport Horizontal Property Regime v. United States

OPINION

WIESE, Judge.

Introduction

This case comes before the court on cross-motions for summary judgment as to the government’s liability, under the Fifth Amendment of the United States Constitution, for the alleged taking of plaintiffs’ property. Plaintiffs, nine land owners of individual properties located on the Atlantic Intraeoastal Waterway in Horry County, South Carolina, seek just compensation for land lost as a result of erosion on the government-constructed waterway. Defendant defends on the ground that wave-wash generated by private boat traffic, and not the government’s construction…