United States v. Land
2:08-cv-00999
E.D. La.Apr 5, 2013Background
- US filed condemnation action Feb. 14, 2008 to acquire 6.83 acres in St. Bernard Parish for USACE levee project; property was previously commandeered by St. Bernard Parish (2005) with a grant of entry rights to LBBLD; USACE cooperation agreements identified 'Public Sponsors' to provide entry rights and potential just compensation; initial taking of temporary easements then amended to permanent fee on Sept. 7, 2010 increasing total estimated compensation to $134,000; defendants filed inverse condemnation suit in state court (July 7, 2007) against St. Bernard Parish and LBBLD; defendants moved to stay federal case arguing prior exclusive jurisdiction of state court over the property; court stayed federal proceedings pending resolution of state court claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prior-exclusive-jurisdiction rule requires a stay | US argues rule applies and parallel actions may proceed | Pizani argues state court has exclusive jurisdiction over damages | Stay granted citing risk of conflict and parallel actions |
| Whether parallel state and federal proceedings may proceed concurrently | Respective valuations may occur without conflict | Could lead to conflicting valuations if taken on same date | Stayed to avoid sovereign conflict and inconsistent judgments |
Key Cases Cited
- United States v. Sid-Mars Restaurant & Lounge, Inc., 644 F.3d 270 (5th Cir. 2011) (prior-exclusive-jurisdiction principle prevents overlapping sovereign actions)
- Mandeville v. Canterbury, 318 U.S. 47 (1943) (in rem-like jurisdiction and conflicts between courts prevention)
- Dow v. United States, 357 U.S. 17 (1958) (possession date for valuation in direct federal takings)
- Georgia-Pacific Corp. v. United States, 568 F.2d 1316 (5th Cir. 1978) (possession/valuation issues in federal-direct condemnation)
- Landis v. North Am. Co., 299 U.S. 248 (1936) (stay discretion governed by necessity and potential harm)
- National Food & Beverage Co., Inc. v. United States, 96 Fed. Cl. 258 (2010) (frame for stay or proceeding in condemnation context)