So, permit denial is taking under Lucas total taking rule. Donna Independent School Dist. Long delay between FDIC acquisition of banks and judgment decreeing tax lien points to taking. But on facts here, causal connection between delay and statutory protection of FDIC trust liens is attenuated. Hence, distinguishable from Loretto.
Question is whether delay in allowing taxing units to foreclose on their lien is a taking.
Three-factor test says no. RIPs are subject to multiple use management and are not limited to care of livestock. By preventing owner of subdivision lot from building home, Corps barred only beneficial use of lot. Since government does not argue home would be nuisance, fits under total taking rule of Lucas. Also, plaintiffs belief at purchase that he would not have to apply for Corps permit was reasonable.