1999),[1] was a case where the Court of Appeals for the Federal Circuit found that although there was a taking, no compensation was due because the net damages were zero.
This case is a good illustration of how there are different factors which determine the economic equivalent of the compensation due under the Fifth Amendment.
This case uses both set off benefits and severance damages to help determine the amount of just compensation due to the landowner after a taking.
After several attempts to begin, the court finally approved the claim as a good cause of action.
The Government then entered upon the plaintiff's land, without consent and over their objection, for the purpose of sinking wells for monitoring ground water migration.
The testimony of the Government found three types of special benefits: (1) investigatory, (2) characterization and remediation of contaminated water.
In the damages trial, the court heard evidence of the value of the well site and access corridor easements, and whether or not the remaining property was harmed or benefited from the Government's activity on their land.