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.”
     

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