Northwest Louisiana Fish Game Preserve Comm N V U S No 08 5039

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 InformationAppeal from the United States Court of Federal Claims.Decided: July 31, 2009

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

CounselFor 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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