ELR Citation: 48 ELR 20008
No(s). 15-371 L (Fed. Cl. Jan 5, 2018)

The Court of Federal Claims held that a land owner is entitled to compensation for wells and an access road installed to monitor contamination on a property adjacent to Fort Detrick. A Maryland landowner was faced with a demand under CERCLA from EPA for access to his property to install wells for the monitoring of groundwater contamination. The owner entered into an access agreement with the government, but it expired in November 2014. After vacating, EPA left the wells and access road in place. The owner filed a suit under the Takings Clause of the Fifth Amendment. The court determined that the continued presence of the monitoring wells and gravel access road on the property after expiration of the access agreement establishes the requirements of a physical taking.