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DRAKES BAY LAND COMPANY v. UNITED STATES

No. 275-66.

424 F.2d 574 (1970)

DRAKES BAY LAND COMPANY, a Corporation v. The UNITED STATES.

United States Court of Claims.

April 17, 1970.

Attorney(s) appearing for the Case

Benjamin P. Bonelli, San Rafael, Cal., attorney of record, for plaintiff.

Herbert Pittle, Washington, D. C., with whom was Asst. Atty. Gen. Shiro Kashiwa, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

OPINION

NICHOLS, Judge.*

This is an action for just compensation pursuant to the Fifth Amendment. Seeking to recover the difference between land valued at its highest and best use and its reduced current value, plaintiff claims that the diminution was caused by a Government taking. Although we agree that a taking has occurred, we believe that it was a taking of the entire property.<...

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