NE 32nd Street, LLC v. United States, 896 F.3d 1240

The Frank Sawyer Revocable Trust owns waterfront property in Florida; in 1938 a predecessor granted the U.S. a perpetual spoilage easement to deposit dredged material on the land.
In 2013 the Corps issued a building/fill permit to the Trust that included extensive conservation restrictions (maintain natural state in perpetuity; ban dumping, many surface uses; allow only clean fill).
NE 32nd Street, LLC, as agent for the Trust, sued the United States in 2016 under the Quiet Title Act, 28 U.S.C. § 2409a, seeking to extinguish the 1938 spoilage easement.
The United States moved to dismiss for lack of jurisdiction, arguing the Act’s 12‑year limitations period barred the suit because the Trust and its predecessor knew of the easement since 1938.
The district court initially denied but then granted reconsideration and dismissed the complaint, concluding the adverse interests arose in 1938 and the 2013 permit did not restart the § 2409a limitations period.
The Eleventh Circuit affirmed: the 1938 easement was the same government claim at issue, the 2013 permit did not expand or worsen the government’s claim against the Trust, and the 12‑year jurisdictional limitations period barred the suit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Quiet Title Act’s 12‑year limitations period was restarted by the 2013 permit/conservation restrictions such that NE 32nd could challenge the 1938 spoilage easement	The 1938 easement peacefully coexisted with the Trust’s fee until the 2013 permit created a conflicting conservation regime, so adversity (and accrual) occurred in 2013	The government’s perpetual spoilage easement was the same claim from 1938; the clock began then and the 2013 permit did not expand the government’s claim or create new adversity	The 12‑year jurisdictional limitations period barred the suit; the 2013 permit did not restart the clock because it did not expand the government’s adverse claim to the Trust’s detriment

F.E.B. Corp. v. United States, 818 F.3d 681 (11th Cir. 2016) (Quiet Title Act limitations period is jurisdictional; court must not extend sovereign‑immunity waiver)
Werner v. United States, 9 F.3d 1514 (11th Cir. 1993) (statute accrues when government expands or asserts a claim adverse to the plaintiff)
Block v. North Dakota ex rel. Bd. of Univ. & Sch. Lands, 461 U.S. 273 (1983) (courts must not interpret sovereign‑immunity waivers beyond Congress’s intent; avoid circumvention by artful pleading)
Kane Cty. v. United States, 772 F.3d 1205 (10th Cir. 2014) (public right‑of‑way can coexist with ownership; accrual when government gives notice of exclusive right to exclude)
Michel v. United States, 65 F.3d 130 (9th Cir. 1995) (claim accrues when plaintiffs know government asserts exclusive rights that deny prior access)
Smith v. GTE Corp., 236 F.3d 1292 (11th Cir. 2001) (federal courts must raise and resolve subject‑matter jurisdiction questions at any time)