Stueve Bros. Farms, LLC v. United States, No. 2013-5021, 2013 U.S. App. LEXIS 24598 (Fed. Cir. Dec. 11, 2013)

(appellate court affirmed Court of Federal Claims’ finding that federal government did not physically take a flowage easement over plaintiffs’ property; plaintiffs’ property was in flood control basin of a Corps of Engineers’ dam; the Corps expected that certain modifications it made to the dam would raise the maximum inundation line on plaintiffs’ property by ten feet, from 556 feet to 566 feet; the Corps placed  surveyor markers on the 566-foot line, and the city rezoned the property below the 566-foot line for “passive recreation and open space use”; although plaintiffs argued that the rezoning and threat of flooding largely destroyed the value of their property, the court ruled that because there had been no invasion of plaintiffs’ property by flooding or otherwise, no physical taking occurred).