Cane Tennessee, Inc. v. United States

OPINION AND ORDER

HEWITT, Judge.

This regulatory takings case is before the court following trial on the issue of whether the property of plaintiff Cane Tennessee, Inc. (Cane) had any non-coal value after June 17, 2000, the date of the governmental action. Following an eight-hour site visit to the property on July 11, 2005, the court conducted a two-day trial in Chattanooga, Tennessee. At trial, the court heard the testimony of five witnesses and admitted sixty exhibits.1

I. Background2

Congress enacted the Surface Mining Control and Reclamation Act, 30 U.S.C. §§ 1201-1328 (1986) (SMCRA) in 1977.…