107 Fed. Cl. 310
Fed. Cl.2010Background
- Fifth Amendment takings case involving Group C mineral servitude in Vernon Parish, LA, on Fort Polk and Kisatchie NF.
- Litigation pursued over temporary taking during quiet title action (1995–2001) and permanent taking based on surface access disputes.
- Plaintiffs claimed leases by the United States deprived them of compensation and interfering with development.
- Government alleged only a temporary taking for leased portions, with unleased areas unaffected.
- Louisiana law determined ownership: Group C mineral servitudes held by plaintiffs; Groups A and B prescribed to government; Group C imprescriptible until title resolved.
- Trial included extensive stipulations and numerous lease negotiations and protective leases; trial focused on liability and damages for temporary taking and on limitations for permanent taking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government’s leasing of Group C minerals during the title dispute effected a temporary taking. | Pls allege government took entire Group C by leasing. | Only leased portions taken; unleased areas unaffected. | Temporary taking found only for leased portions, not entire Group C. |
| Whether there was a permanent physical taking based on denial of surface access to Group C areas. | Access denial constitutes permanent taking. | Statute of limitations and lack of complete denial of access defeat claim; not ripe. | Permanent taking claims barred by six-year Tucker Act limitations; no permanent taking proven. |
| What is the proper measure of just compensation for the temporary taking? | Damages equal to fair rental value for entire Group C during taking. | Use fair rental value minus offsets for bonuses/royalties; limited leased area matters. | Fair annual rent $225 per acre; offset by Chesapeake bonus and royalties; net award $1,667,042.86. |
| When did the taking begin for temporary taking analysis and what acreage was taken? | Taking began 1995; encompassed all Group C. | Taking begins May 1, 1997 with government leases; focus on leased acreage. | Earliest actionable taking date May 1, 1997; only leased acreage during leases taken. |
Key Cases Cited
- Yuba Natural Res., Inc. v. United States, 904 F.2d 1577 (Fed. Cir. 1990) (measure of just compensation for temporary taking is fair rental value)
- Pettro v. United States, 47 Fed.Cl. 136 (Fed. Cl. 2000) (temporary taking measured by fair market rental value, not lost profits)
- Heydt v. United States, 38 Fed.Cl. 286 (Fed. Cl. 1997) (proper measure of just compensation for a temporary taking is fair market rent)
- Boling v. United States, 220 F.3d 1365 (Fed. Cir. 2000) (takings accrual and inquiry notice standards for accrual of claims)
- Casitas Mun. Water Dist. v. United States, 543 F.3d 1276 (Fed. Cir. 2008) (ripe regulatory vs. physical takings distinctions; relevance to surface access)
- Hopland Band of Pomo Indians v. United States, 855 F.2d 1573 (Fed. Cir. 1988) (statute of limitations as jurisdictional; accrual principles)
- John R. Sand & Gravel Co. v. United States, 552 U.S. 130 (S. Ct. 2008) (6-year Tucker Act limitations; accrual and jurisdictional rule)