United States Federal Circuit

The decision of the Court of Federal Claims (CFC) dismissing plaintiff's takings claim against the Government following the destruction of 1,782 acres of plaintiff's merchantable timber as a result of a United States Forest Service fire management effort, is reversed and remanded, where: 1) plaintiff pled sufficient fact to state a claim that is plausible on its face; and 2) the CFC's decision holding that the taking or destruction of any property in the pursuit of fighting a fire, regardless of the circumstances, is non-compensable misconstrues the breadth of the doctrine of necessity.

Appellate Information

• Decided 07/18/2013
• Published 07/18/2013

Judges

• BENSON

Court

• United States Federal Circuit

Counsel