Quarrying ban was taking, Fifth Circuit holds.

Land Use Law Report | June 2, 2004 | Copyright

A city ordinance prohibiting rock quarrying using heavy equipment or explosives was a regulatory taking of a stone company's mining lease, the 5th U.S. Circuit Court of Appeals has ruled (Vulcan Materials Co. v. City of Tehuacana, No. 02-51182, May 21, 2004).

Tehuacana is a town of about 300 in Limestone County, Texas, 40 miles northeast of Waco. In 1993, Smith Crushed Stone Inc. leased limestone quarrying rights on about 48 acres of land within the Tehuacana city limits and an additional 250 acres outside the city limits. In 1997, Vulcan bought Smith's assets in ...

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