McCann Holdings Ltd. v. United States
Published: Jul. 13, 2013 | Result Date: Jun. 27, 2013 | Filing Date: Jan. 1, 1900 |Case number: 1:07-cv-04261-MCW Bench Decision – $3,100,000
Court
U.S. Court of Federal Claims
Attorneys
Plaintiff
Debra J. Albin-Riley
(ArentFox Schiff LLP)
Defendant
Facts
McCann Holdings Ltd. owned a 306-acre property in a large mixed-use residential community in Sarasota Florida. The land was vacant and undeveloped in 2004 when a portion of the property was encumbered pursuant to the Rails to Trails Act. McCann filed a Fifth Amendment takings case.
Damages
McCann sought $3,177,365, which included $1,267,200 for the encumbrance of the trail and $1,910,165 in severance damages for the diminution of the property's value. Defendant asserted that compensation should be limited to the encumbrance, which it claimed to be valued at $925,000.
Result
The court awarded just compensation in the amount of $3,177,365 representing $1,267,200 for the encumbrance plus severance damages of $755,165 for buffering and/or berming and $1,155,000 for lost access.
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