Jentgen v. United States

657 F.2d 1210 (1981)

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Jentgen v. United States

United States Court of Claims
657 F.2d 1210 (1981)

  • Written by Tammy Boggs, JD

Facts

In 1971, James Jentgen (plaintiff) purchased a 101.8-acre parcel of land in Everglades, Florida, for $150,000. Jentgen planned to develop a residential community on the property that would have access to a waterway. The development project would necessitate dredging, filling, and the construction of a dock and marina. Jentgen’s proposed development was subjected to permitting requirements under federal environmental laws, including the Rivers and Harbors Appropriations Act and the amended Federal Water Pollution Control Act. The Army Corps of Engineers (the Corps) administered permits under these laws. Between 1971 and 1973, the requirements to obtain a permit became more onerous in terms of ecological considerations. In 1973 and 1975, Jentgen applied for permits under these laws relating to 80 acres of his property. About 20 acres of Jentgen’s “upland” property could be developed without permits. As to the 80 acres that required permits, Jentgen proposed 60 acres for development and 20 acres to remain in their natural state. The Corps denied Jentgen’s request based on the proposed development’s adverse physical impacts on the wetlands but offered to grant development permits for over 20 of the 80 acres covered by the applications. Jentgen did not seek judicial review of the Corps’ decision. Instead, he filed a claim against the government (defendant) seeking $6 million in compensation for the alleged regulatory taking of his property. As restricted by environmental regulations, Jentgen’s property was valued between $80,000 and $150,000.

Rule of Law

Issue

Holding and Reasoning (Kunzig, J.)

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