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Hendler v. United States

11 Cl. Ct. 91 (1986)

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Hendler v. United States

United States Court of Claims
11 Cl. Ct. 91 (1986)

Facts

Hendler (plaintiff) owned property in California located near a toxic-waste disposal site (Stringfellow). State and federal studies showed that hazardous substances dumped at Stringfellow were at risk of entering groundwater that supplied drinking and agricultural water. The Environmental Protection Agency (EPA) requested access to Hendler’s property to install wells to monitor and contain the hazardous substances. The EPA issued an administrative order demanding access to Hendler’s property. Pursuant to the order, the EPA entered Hendler’s property and commenced monitoring activities. Hendler claimed a taking of their land by the United States (defendant) by the EPA violated the Fifth Amendment of the United States Constitution. Both parties filed cross-motions for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Mayer, J.)

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