Petro-Hunt, LLC v. United States

In Stop the Beach Renourishment v. Florida Department of Environmental Protection, 560 U.S. 702, 715 (2010), a plurality of this Court held that “[i]f a legislature or a court declares that what was once an established right of private property no longer exists, it has taken that property, no less than if the State had physically appropriated it or destroyed its value by regulation” (emphasis in original). The Takings Clause requires just compensation as the remedy for takings by the government. First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304, 314-15 (1987). Under the Tucker Act, 28 U.S.C. § 1491(a)(1), the Court of Federal Claims has exclusive and compulsory jurisdiction over takings claims against the United States for just compensation greater than $10,000. The questions presented are:

1. Whether the Takings Clause applies to the decisions of federal courts, and if so, under what circumstances may federal courts review and remedy federal judicial takings claims.

2. Whether the Court of Federal Claims may adjudicate federal judicial takings claims against the United States when the remedy sought is just compensation and not invalidation of another federal court’s decision.