McGuire v. United States, 707 F.3d 1351 (Fed. Cir. 2013)

(farmer brought Fifth Amendment takings claim after bridge plaintiff used to reach portions of his leased land was removed and the Bureau of Indian Affairs refused to authorize replacement of the bridge; plaintiff was notified of removal of bridge due to its unsafe conditions and advised he would need to apply for a permit to replace bridge; plaintiff brought suit instead; when bridge was not replaced, plaintiff stopped making lease payments due to his inability to access property; new lessee went through permit process and rebuilt a replacement bridge; after several procedural issues that worked their way through separate court actions, the Claims Court held that the claim was ripe for adjudication and that no regulatory taking existed because plaintiff failed to establish he had a compensable property interest in the bridge; on appeal, court held plaintiff failed to exhaust his administrative remedies by going through the permitting process, so his claim was not ripe; court also upheld finding that plaintiff failed to establish recognizable compensable right in continued use of bridge and that plaintiff could  not make production profitable on the land without the bridge which caused him to abandon his lease, but plaintiff was not cut off from his property and his hopes and expectations of continued use of a bridge do not create a property interest; dismissal affirmed).