United States v. Land, No. 11-31167 (5th Cir. 2013)
Annotate this CaseMariner's Cove Townhomes Association appealed the district court's grant of summary judgment on the pleadings for the United States. The district court held that the Association was not entitled to just compensation for the diminution of its assessment base resulting from the government's condemnation of fourteen properties in the Mariner's Cove Development. The court found that the Association's right to collect assessments was a property interest, but the loss of the Association's assessment base was incidental to the condemnation and was barred by the consequential loss rule. Accordingly, the court held that the loss of the Association's right to collect assessments on those properties was not compensable under the Takings Clause of the Fifth Amendment.
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