Temporary Takings and the Statute of Limitations
Document Type
Article
Publication Title
American Law Institute - American Bar Association
Journal Abbreviation
A.L.I. - A.B.A.
Abstract
In this outline, Professor Huffman reviews the purpose and implementation of the six-year statute of limitations imposed by the Tucker Act for Fifth Amendment takings claims brought against the federal government. The author argues that, because of the inherent differences between direct and inverse condemnation on the one hand and regulatory takings on the other, cutting off regulatory takings claims at a fixed point in time does not serve the purposes of the statute of limitations. The Federal Circuit's decision in Fallini v. United States, 56 F.3d 1378 (Fed. Cir. 1995), is cited as an example of the need to bring statute of limitations doctrine into line with temporary takings doctrine, which recognizes the ongoing and indeterminate nature of a regulatory taking.
Publication Date
2001
Recommended Citation
James L. Huffman,
Temporary Takings and the Statute of Limitations,
A.L.I. - A.B.A.
(2001).
Available at:
https://lawcommons.lclark.edu/faculty_articles/238
Comments
This outline is from the American Law Institute - American Bar Association Continuing Legal Education Course of Study, May 3, 2001. Pages are not numbered.