United States v. Lost Tree Village Corp.

Issue: (1) Whether, in determining the “parcel whole” for purposes of regulatory-takings analysis under the Just Compensation Clause, the court of appeals erred by severing regulated wetlands from unregulated, contiguous uplands under common ownership solely because respondent had no expectation of developing those wetlands at the time it developed the rest of the residential community; and (2) whether the court of appeals erred in holding that the absence of reasonable, investment-backed expectations could not be considered in determining whether the denial of the permit resulted in a categorical regulatory taking of the residual wetlands tract under Lucas v. South Carolina Coastal Council.