In 1999 the Environmental Protection Agency (EPA) issued a decision to clean up a site on the south shore of the Old Mormon Slough in Stockton, California. The decision stated that the EPA might install a log boom to cut off navigation in the waters of the slough. Following issuance of this decision, CRV Enterprises acquired a property on the north shore of the slough. The property included a marina and CRV intended to continue its operations. In 2006 the EPA installed a log boom in the waters of the slough, cutting off navigation to and from CRV's marina. In response, CRV filed a takings claim in the Court of Federal Claims seeking just compensation for the loss of its right of access to navigable waters.
The Federal Circuit Court of Appeal held that the property owner could not state a takings claim because he had purchased the property after EPA decided to take away the right of navigational access. NFIB Legal Center filed an amicus brief urging the Supreme Court to take the case, and to make clear that the right to advance a takings claim runs with the land, and may be advanced within the statute of limitations by subsequent owners.
Status: DECIDED. Federal Circuit Court of Appeal
Petition for certiorari denied in the U.S. Supreme Court.