Letica Land Company, LLC v. Anaconda-Deer Lodge County, Montana

Believing there was a public right-of-way across Letica’s private property, a local government physically invaded that property, removed a berm with heavy equipment, and eliminated Letica’s right to exclude the public for well over three years. Eventually, the Montana Supreme Court concluded there was no public right-of-way, but rejected Letica’s takings claim, reasoning that this Court’s decision in Langford v. United States, 101 U.S. 341 (1879), forecloses a takings claim when the government’s actions are under a mistaken “claim of right.” The question presented is: Whether the Montana Supreme Court is correct that the government can avoid Fifth Amendment liability when it continually physically invaded and damaged private property for a period of years merely because it wrongly believed that it had a right to use the property.