Palm Beach Isles Associates v. United States’s Empirical Analysis
231 F.3d 1365 · 2000
Citation profile
5 federal appellate · 1 state decisions
Relationships
Relies on Seminole Tribe of Florida v. Florida · Penn Central Transportation Co. v. New York City · Lucas v. South Carolina Coastal Council · Ruckelshaus v. Monsanto Co. · Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Essentially, the panel concludes that the Rivers and Harbors Act did not apply to the upland property because the development of the 261 acres of upland property "was physically and temporally remote from, and legally unconnected to, the 50.7 acres of wetlands and submerged [property]." [Palm Beach Isles As-socs. v. United States, 208 F.3d at 1381 (alteration in original).] This approach contradicts the clear mandate of the Supreme Court that a unit of property cannot be subdivided for the purpose of takings analysis merely because the regulations apply to one portion of the property. See Penn Central, 438 U.S. at 130-31 , 98 S.Ct. at 2662 . Penn Central and its progeny maintain that we should look to the “parcel as a whole” and view the bundle of property rights in its entirety. See id. The Supreme Court has recently reaffirmed this proposition. See Dolan v. City of Tigard, 512 U.S. 374, 400-01 , 114 S.Ct. 2309, 2324-25 , 129 L.Ed.2d 304 (1994) (“where an owner possesses a full bundle of property rights, the destruction of one strand of the bundle is not a taking, because the aggregate must be viewed in its entirety”); Keystone Bituminous Coal Assoc, v. DeBenedic-tis, 480 U.S. 470, 497-98 , 107 S.Ct. 1232, 1248 , 94 L.Ed.2d 472 (1987) (same).”
1 later decision quote this exact passage · from the concurrence“The law is well established that the United States cannot be arbitrary and capricious in its processing of permit application [sic]. This, however, is not an issue because this is a takings case and the only question is whether or not the Defendant met its burden of proving its affirmative defense which, if it could have, would have necessarily demonstrated that its actions relating to this issue were not arbitrary and capricious.” . Circuit Judge Gajarsa, dissenting, addressed the issue of the relevant parcel as follows: Essentially, the panel concludes that the Rivers and Harbors Act did not apply to the upland property because the development of the 261 acres of upland property "was physically and temporally remote from, and legally unconnected to, the 50.7 acres of wetlands and submerged [property].”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.