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Articles

Feds Fail To File Casitas Brief

By Daryl Kelley

The federal government failed to appeal to the U.S. Supreme Court by a Friday deadline an appellate court decision which found that the government seized Casitas Municipal Water District property by forcing it to provide water for endangered steelhead trout.

That decision by government lawyers allows the case to return to a federal claims court in Washington for trial as a "physical taking" of property without just compensation, which is generally prohibited by the U.S. Constitution, instead of a simple "regulatory taking,"

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