Yankton County, South Dakota v. United States

Generally, “a claim alleging a Fifth Amendment taking accrues when the act that constitutes the taking occurs.” Ingrum v. United States, 560 F.3d 1311, 1314 (Fed. Cir. 2009). In some circumstances, however, determining the time of accrual is not as simple as identifying the time when the subject Government action occurred. In the situation where the landowning party is unaware that its property is being taken, two doctrines may work to postpone accrual of the claim – the Accrual Suspension Rule and the Stabilization Doctrine. The Accrual Suspension Rule provides an argument for delay that is available to all inverse condemnation claimants. The Stabilization Doctrine, however, may only apply in cases where the taking arises out of a gradual physical process, such as erosion. Despite the doctrines’ separate and distinct elements, the courts below did not separately analyze or apply the two legal doctrines. Therefore, the question presented is: In an inverse condemnation case in which the taking arose out of a gradual and continuous physical process put in motion by the Government, may the claimant postpone filing suit until the situation stabilizes as explained in United States v. Dickinson, 331 U.S. 745 (1947)?