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Northwest Louisiana Fish & Game Preserve Comm'n v. U.S., No. 08-5039

By FindLaw Staff on July 31, 2009 | Last updated on March 21, 2019

Court of Federal Claims' dismissal of plaintiff's Fifth Amendment taking claim is affirmed where it correctly determined that plaintiff's property interest arose from access to and use of a navigable waterway, and thus, the interest is subservient to the Government's navigational servitude and is not compensable under the Fifth Amendment.    

Read Northwest Louisiana Fish & Game Preserve Comm'n v. U.S., No. 08-5039

Appellate Information
Appeal from the United States Court of Federal Claims.
Decided: July 31, 2009

Before LOURIE, RADER, and DYK, Circuit Judges.
Opinion by RADER, circuit Judge.

For Plaintiff: William P. Crews, Jr., William P. Crews, Jr., LLC, Natchitoches, Louisiana.

For Defendant: Mark R. Haag, United States Department of Justice, Washington, DC.

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