United States Federal Circuit
Navajo Nation v. U.S., 10-5036
In an Indian Tribe's suit seeking damages for an alleged Fifth Amendment taking of its right to develop land granted to it by the United States in 1934, district court's dismissal of the complaint in concluding that plaintiff did not have the requisite property interest to establish a valid takings action is vacated and remanded with instructions to dismiss for lack of jurisdiction as, even assuming arguendo that the 1934 Act vested the Navajo Nation with the right to unilateral development within the Bennett Freeze area, and the restrictions on development within that area could be construed as a compensable taking of the Nation's property rights, any Fifth Amendment takings claim is barred because it was filed more than six years after it first accrued.
Appellate Information
- Decided 01/10/2011
- Published 01/10/2011
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Dale S. Zeitlin, Mary Gabrielle Sprague