Law School Case Briefs
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Kaiser Aetna v. United States
Supreme Court of the United States (1979) | 62 L. Ed. 2d 332; 100 S. Ct. 383; 444 U.S. 164; 1979 U.S. LEXIS 48; 10 Envtl. L. Rep. (Envtl. Law Inst.) 20; 2000 A.M.C. 2495; 13 ERC (BNA) 1929
TL;DR: A developer converted a private fishpond into a marina connected to navigable waters. The Court held the government could not require public access without paying just compensation, as this would be a "taking" of the fundamental property right to exclude others.
Legal Significance: Establishes that the federal navigational servitude does not create a blanket exception to the Fifth Amendment's Takings Clause. A government-mandated physical invasion of private property, even to promote navigation, requires just compensation, especially when it destroys the right to exclude.