Real Estate & Property Law

Court Of Federal Claims Round-Up

By Robert Thomas (inversecondemnation.com)

Here are the latest opinions of interest from the Court of Federal Claims, which has nationwide jurisdiction over inverse condemnation and regulatory takings claims against the federal government where the compensation sought exceeds $10,000:

• Energy Security of America Corp. v. United States, No 08-373C (Feb. 27, 2009) - "inherently unknowable" for purposes of the statute of limitations and failure to state a claim. 
  

• James v. United States, No. 01-2911L (Mar. 5, 2009) - subject matter jurisdiction, ownership of parcel in question; "scrivener's error."

• Fauvergue v. United States, No. 08-431L (Feb. 24, 2009) - class actions in rails-to-trails takings; applying John R. Sand & Gravel v. United States.

• Biery v. United States, Nos. 07-693L, 07-675L (Feb. 27, 2009) - more rails-to-trails takings - certifying questions of abandonment under Kansas law to the Kansas Supreme Court.

• Strategic Housing Finance Corp. of Travis County v. United States, No. 06-741T (Feb. 27, 2009) - subject matter jurisdiction of CFC and arbitrage tax rebates, conceding the illegality of the government action as precursor to CFC jurisdiction.

Full post as published by inversecondemnation on March 30, 2009 (boomark / email).