65 Fed.Cl. at 373-75. Discovery on the issue of damages is scheduled to conclude in May 2009, and this matter will proceed to trial to determine an award of damages, if any, shortly thereafter. Therefore, Consumers Energy’s vested contract rights have not been taken. Based on the binding precedent articulated above, the portion of Count III of Consumers Energy’s complaint that alleges a taking of its vested contract rights shall be dismissed pursuant to RCFC 12(b)(6). 2. Taking of real property A direct government appropriation or physical invasion of private property effects a taking in its most basic form. Lingle v. Chevron U.S.A., Inc., 544 U.S. 528, 537, 125 S.Ct. 2074, 161 L.Ed.2d 876 (2005) (citing United States v. Pewee Coal Co., 341 U.S. 114, 71 S.Ct. 670, 95 L.Ed. 809 (1951) (<HOLDING>)). There may also be a regulatory taking.
recognizing governments seizure of painting as act of state holding that the application of a statute prohibiting subsurface mining left the coal companys rights to underground minerals worthless and constituted a taking holding that the federal governments seizure and operation of a coal mine to prevent a coal miners strike constituted a taking holding that west virginia property tax discriminated against coal companies in violation of equal protection clause holding that permit denial constituted a categorical taking