RECENT FEDERAL DECISIONS

March 2012

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Federal Circuit Holds Applicant’s Interest in Obtaining a Mitigation Banking Instrument Does Not Constitute a Taking under the Fifth Amendment
Hearts Bluff Game Ranch, Inc. v. U.S., ___F.3d___

In a case involving the U.S. Army Corps of Engineers (Corps) denying a landowner’s application for a Mitigation Banking Instrument, the U.S. Court of Appeals for the Federal Circuit held that a landowner applicant’s interest in obtaining a Mitigation Banking Instrument is not a property interest cognizable for a takings claim under the Fifth Amendment of the U.S. Constitution.