Sometimes A Taking Is Not Really 'Taking'

Law360, New York (August 30, 2013, 10:49 AM ET) -- The background facts of a recent Federal Circuit opinion, TrinCo Investment Co. v. United States, No. 2012-5130 (July 18, 2013), seem deceptively simple: the government removes $6.6 million of timber from private property without paying just compensation. It doesn't ask permission; it simply walks onto the property and takes it. The property owner sues, claiming the fairly obvious taking. Pretty simple, and the government admits that it in fact took the $6.6 million in timber.

But then something surprising happens. The Court of Federal Claims dismisses...
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