Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Saturday, June 22, 2024 | Back issues
Courthouse News Service Courthouse News Service

Chicken-Taking Case|Ends After 17 Years

(CN) - A farm is not entitled to compensation from the federal government for taking its chickens, which had tested positive for salmonella, the Federal Circuit ruled.

Indiana-based Rose Acre Farms filed its Fifth Amendment takings complaint in 1992. Eleven years later, the trial court ruled in its favor. The circuit remanded, and the trial court reached the same conclusion.

Judge Michel reversed on the grounds that Rose Acre did not suffer a severe financial impact.

"The trial court clearly erred in determining that Rose Acre suffered a severe economic impact due to the regulations," Michel wrote. "Rose Acre points to no case in which a court has found that a diminution in value of 10 percent as being severe or as favoring a taking."

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.