Case Summary Citation
644 F.3d 957 (9th Cir. 2011)
In Vandevere v. Lloyd, the Ninth Circuit Court of Appeals rejected the plaintiffs’ claims that state regulation limiting commercial fishing constituted an unconstitutional taking of property. The court found that entry permits and shore fishery leases to commercially harvest salmon are licenses, and state regulation did not create or convey a constitutionally protected property interest. Further, the court determined that by signing the leases, the plaintiffs waived their right to challenge state regulation of shore fishery leases and that the state did not violate plaintiffs’ substantive due process rights.