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U.S. v. LAND, 62.50 ACRES

No. 91-3091.

953 F.2d 886 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. LAND, 62.50 ACRES OF LAND MORE OR LESS, SITUATED IN JEFFERSON PARISH, STATE OF LOUISIANA, Defendant, OKC Limited Partnership, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 30, 1992.

Attorney(s) appearing for the Case

Robert L. Theriot, Liskow & Lewis, New Orleans, La. and Arthur Mitchell, Dallas, Tex., for defendant-appellant.

Albert M. Ferlo, Jr., Dept. of Justice, Environmental & Natural Resource Div., Martin W. Matzen, Jacques B. Gelin, Appellate Section, Environmental and Natural Resource Div., Dept. of Justice, Washington, D.C., and Glenn K. Schreiber, U.S. Atty.'s Office, New Orleans, La., for plaintiff-appellee.

Before HIGGINBOTHAM and BARKSDALE, Circuit Judges, McBRYDE, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The sole issue on appeal is whether the federal government has paid OKC Limited Partnership just compensation for the taking of its property as required by the Fifth Amendment. The district court determined that the land should be valued as a recreational site, and that its value as such was $54,000. It rejected as speculative and unrealistic much higher values resting on uses it found to face significant regulatory hurdles...

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