Federal Imminent Domain - Statute of Limitation

The statute of limitation does not apply to the imminent domain, however, in the federal court of claim, the aggrieved party has 6 years of statute of limitation for the claims arising from reverse imminent domain.
 

Statute of Limitations for reverse Imminent Domain:

The applicable statute of limitations for filing suit in the Court of Federal Claims is six years. 28 U.S.C. § 2501 (“[e]very claim of which the United States Court of Federal Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues”). The sixyear limitation is an express limitation on the Tucker Act’s waiver of sovereign immunity. Franconia Associates v. United States, 240 F.3d 1358, 1362 (Fed. Cir. 2001) (quoting Hart v. United States, 910 F.2d 815, 817 (Fed. Cir. 1990)). In Hopland Band of Pomo Indians v. United States, 855 F.2d 1573, 1576-77 (Fed. Cir. 1988), the Federal Circuit observed that the six-year limitations period for actions against the United States “is a jurisdictional requirement attached by Congress” that must be strictly construed.

JSN Yoyo template designed by JoomlaShine