Otay Mesa Property, L.P. v. United States, 670 F.3d 1358 (Fed. Cir. 2012)

(case involves activities of U.S. Border Patrol on private property bordering Mexico and whether agreement by which landowners allowed defendant to install underground motion-sensing devices on property resulted in permanent physical taking rather than a temporary taking; lower court held that such taking was temporary; in early 1990s, plaintiff's predecessors-in-title granted Border Patrol easement along border for patrol purposes; Border Patrol began operating outside easement scope following 9-11-01 and owners sued for taking; while trial court ruled that most claims were time-barred, court ruled that defendant liable for over $3 million in just compensation for temporary physical taking; on appeal, court determined that permanent physical taking occurred because agreement didn't specify removal date; case remanded for recalculation of damages).