Arlington Cemetery Land Takings Case Reopened by Fourth Circuit

June 1, 2022, 4:41 PM UTC

Arlington County, Va., convinced the Fourth Circuit Wednesday to reinstate its claim that the US government didn’t provide just compensation for county-owned land needed by Arlington National Cemetery, which is expected to reach capacity by the early 2040s.

A Virginia federal district court must reconsider whether the county was fairly compensated by the US government’s provision of “substitute facilities"—in the form of realigning and improving several roads near the cemetery—before moving to take that property, Judge G. Steven Agee of the US Court of Appeals for the Fourth Circuit said.

The US government’s taking of Southgate Road should have had ...

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