United States v. 0.073 Acres of Land

705 F.3d 540 (2013)

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United States v. 0.073 Acres of Land

United States Court of Appeals for the Fifth Circuit
705 F.3d 540 (2013)

  • Written by Rose VanHofwegen, JD

Facts

The government condemned 14 properties (codefendants) within Mariner’s Cove, a residential community of 58 townhomes, and named Mariner’s Cove Townhomes Association (MCTA) (codefendant) as an interested party. MCTA provided residential services like street maintenance and trash removal in exchange for assessments against the property owners. MCTA recorded the obligation to pay assessments in its declarations and the property deeds. MCTA sought compensation for the reduction in its assessment base, as only 44 instead of 58 properties would pay assessments after the condemnation, making each pay a higher proportional share. The trial court found the assessment rights not a compensable taking and denied MCTA’s request for compensation. MCTA appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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