Here’s the Reply Brief, filed by the petitioner/property owner in Estate of Hage v. United States, No. 12-918 (cert. petition filed Jan. 17, 2013).
That’s the case in which the Federal Circuit held that a 22-year old takings case was not ripe because even though the agency denied Hage’s every application for a grazing permit, it might issue a special use permit that might allow the use of the water he alleges was taken.
The issue in the case is whether it is a taking for the government to cut off physical access to a property owner’s vested right to use water. The Court of Federal Claims awarded $4.2 million in just compensation for the taking of Hage’s water rights. But the Federal Circuit reversed because the case was not ripe.
Here is the cert petition, here’s the federal government’s BIO, and here are the amicus briefs supporting the petition. The Court’s docket report indicates the case is up for consideration at the June 13, 2013 conference, so stay tuned.
Petitioner’s] Reply Brief, Estate of Hage v. United States, No. 12-918 (May 24, 2013)