Professional Documents
Culture Documents
v.
UNITED STATES,
Defendant-Appellant
______________________
2016-2636
______________________
CONCLUSION
Because the Beasley fax was not a physical taking, we
reverse. As the Dissent correctly points out, the heart of
this dispute is the title to the gun mount site. However,
even if Plaintiffs were to establish title to the peninsula,
because the Beasley fax was not a physical taking, Plain-
tiff is not entitled to just compensation under a physical
takings theory. We therefore need not and do not address
the government’s additional arguments that Plaintiffs did
not prove ownership of the peninsula or that the Beasley
fax did not in fact render Parcel 4 inalienable.
We note that this dispute spans over a hundred years
of surveys, assertions, and communications, and we
encourage both parties to seek clarity over the property in
question through settlement or other available avenues of
resolution.
REVERSED
COSTS
No costs.
United States Court of Appeals
for the Federal Circuit
______________________
v.
UNITED STATES,
Defendant-Appellant
______________________
2016-2636
______________________