You remember when the Court of Federal Claims denied the government’s motion to dismiss a takings claim and issued a very readable opinion rejecting the argument that oysters planted on submerged land leased from Louisiana are not “private property.” The CFC opinion held that “plaintiffs have all three essential features of the ‘bundle of rights’ commonly characterized as ‘property’ under Louisiana law.” But like all court orders made before entry of final judgment, the CFC’s opinion was interlocutory. Meaning subject to change. And change it did.
Continue Reading Aw Shucks: CAFED Agrees That Oysters Destroyed By Govt Aren’t Private Property