Linda Vaizburd and Arkady Vaizburd v. United States

Opinion for the court filed by Circuit Judge DYK. Opinion dissenting in part filed by Senior Circuit Judge FRIEDMAN.

DYK, Circuit Judge..The appellants, Linda and Arkady Vaiz-burd (“the Vaizburds”), seek compensation for a physical taking of an easement. The Court of Federal Claims concluded that the government’s sand deposit on the Vaiz-burds’ property constituted the physical taking of a permanent easement, but it denied recovery on the ground that the Vaizburds failed to establish any decline in the fair market value of their property. Vaizburd v. United States, 57 Fed.Cl. 221 (2003). We…