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UNITED STATES v. 8.929 ACRES OF LAND IN ARLINGTON COUNTY

No. 21-1352.

36 F.4th 240 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. 8.929 ACRES OF LAND IN ARLINGTON COUNTY, VIRGINIA; Arlington County, Virginia, Defendants-Appellants, and FiberLight, LLC; Verizon Business Network Services Inc.; Washington Gas; Verizon Virginia, LLC; Jones Utilities Construction, Inc.; Dominion Virginia Power; Unknown Owners, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 1, 2022.

Attorney(s) appearing for the Case

ARGUED: James Michael Auslander , BEVERIDGE & DIAMOND PC, Washington, D.C., for Appellants. Allen M. Brabender , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: MinhChau Corr , Acting County Attorney, COUNTY ATTORNEY'S OFFICE, Arlington, Virginia; Gus B. Bauman , BEVERIDGE & DIAMOND, P.C., Washington, D.C., for Appellant. Todd Kim , Assistant Attorney General, Eugene N. Hansen , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Vacated and remanded by published opinion. Judge Agee wrote the opinion, in which Judge Heytens joined. Judge Rushing wrote an opinion concurring in the judgment.

By grant of summary judgment in favor of the United States, the district court held that the Government's provision of substitute facilities to Arlington County, Virginia ("the County") constituted just compensation for the taking of three parcels of property. The County appeals, contesting the district court's application of...

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