Independence Park Apartments v. U.S. [Rehearing]

ON PETITION FOR REHEARING

BRYSON, Circuit Judge.

This case involves a takings claim by low-income housing providers who were barred by statute from prepaying their mortgages and leaving the federal low-income housing program. In our initial opinion, we set forth a method for the trial court to value the taking as applied to two of the plaintiffs (St. Andrews Gardens and Sherman Park Apartments) that had entered “use agreements” with the government before Congress reinstated the right of housing providers in general to prepay their mortgages. Independence Park Apartments v. United States, 449…