United States Federal Circuit

In a putative class action lawsuit, brought by landowners seeking compensation under the Fifth Amendment pursuant to the Tucker Act for the alleged taking of their property interests under the National Trail Systems Act, 16 U.S.C. sections 1241-1251, the United States Court of Federal Claims' dismissal of the second amended complaint as to all named plaintiff except as to one is reversed and remanded as, when a class action complaint is filed in the Court of Federal Claims and class certification is sought prior to expiration of the section 2501 limitations period, the limitations period is tolled, and the limitations period is tolled during the period the court allows potential class members to opt int to the class.

Appellate Information

• Decided 05/03/2010
• Published 05/03/2010

Judges

Court

• United States Federal Circuit

Counsel