U.S. v. LAND

No. 99-30187.

213 F.3d 830 (2000)

UNITED STATES of America; Plaintiff-Appellee-Cross-Appellant, v. LAND; et al., Defendants, Cris Realms, Inc., Claimant-Appellant-Cross-Appellee, United States of America; Plaintiff-Appellee-Cross-Appellant, v. Land; et al., Defendants, Ronald J. Isaac, et ux; Betty Perrin Isaac, Defendants-Appellants-Cross-Appellees, United States of America; Plaintiff-Appellee-Cross-Appellant, v. Land; et al., Defendants, Cristina Investment Corporation; Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 31, 2000.


Attorney(s) appearing for the Case

John Smelter (argued), John A. Bryson, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Glenn Kenneth Schreiber, Asst. U.S. Atty., New Orleans, LA, for United States.

David Charles Loeb (argued), Molaison, Colvin, Greenberg, Zelenka, Morris & Loeb, Gretna, LA, Robert Craig Stern, Culpepper & Stern, New Orleans, LA, for Ronald and Betty Isaac.

Robert Elton Arceneaux (argued), Travis Louis Bourgeois, Barham & Arceneaux, New Orleans, LA, for Cristina Investment Corp. and Cris Realms, Inc.

Before DAVIS, CYNTHIA HOLCOMB HALL and SMITH, Circuit Judges.


CYNTHIA HOLCOMB HALL, Circuit Judge:

To resolve the instant case we must determine whether a landowner's damages in a condemnation suit can be adjusted to reflect a prior regulatory taking by the Government where the landowner's efforts to be compensated for that regulatory taking via a separate inverse condemnation suit have already failed. We answer that question in the negative, holding that a landowner who has lost an inverse condemnation claim may not use the...

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