Real Estate & Property Law

CFC: Takings Claim For Flooding Not Barred By Statute of Limitations

By Robert Thomas

In Richard A. Forsgren Revocable Living Family Preservation Trust v. United States, No. 07-14L (May 12, 2008), the Court of Federal Claims (the court which has exclusive jurisdiction over inverse condemnation claims against the federal government in excess of $10,000) held that a property owner who alleged the government caused its land to flood by not maintaining a subsurface drain stated a claim under the Fifth Amendment, and that the claim was not barred by the six year statute of limitations.  On the statute of limitations issue, the court discussed the US Supreme Court's recent decision in John R. Sand & Gravel v. United States, No. 06-1164 (Jan. 8, 2008) which held that the six year statute is jurisdictional.  Read the complete opinion here.

Full post as published by inversecondemnation on May 24, 2008 (boomark / email).