Charles R. KUNKES and Marguerite V. Kunkes, Plaintiffs-Appellants,
v.
The UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
March 15, 1996.
March 15, 1996.
Attorney(s) appearing for the Case
Lynn C. Rodgers, Hall, Ansley, Rodgers & Condry, P.C., Springfield, Missouri, argued for plaintiffs-appellants. With him on the brief were David W. Ansley and Lindell R. Church.
Lisa E. Jones, Attorney, Department of Justice, Washington, DC, argued for defendant-appellee. With her on the brief were Lois J. Schiffer and Marc A. Smith. Also on the brief was Karen Hawbecker, Office of the Solicitor, U.S. Department of the Interior, Washington, DC, of counsel.
Before RICH and PLAGER, Circuit Judges, and COWEN, Senior Circuit Judge.
United States Court of Appeals, Federal Circuit.
PLAGER, Circuit Judge.
This case arises under the Takings clause of the Fifth Amendment to the Constitution.1 By legislation enacted in 1992, Congress required that in order to retain their unpatented mining claims, claim holders must pay a per-claim annual fee of $100 for each of the years 1993 and 1994. This cash payment requirement replaced a prior requirement that the claim holders perform $100 worth of exploration and development...
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