Caquelin v. US

APPEAL NO.
19-1385
OP. BELOW
CFC
OPINION
TBD
SUBJECT
Takings
AUTHOR
TBD

Issue(s) Presented

1. “Whether the CFC erred in holding that a NITU—which did not authorize third-party use of the railroad’s right-of-way but merely imposed a short administrative hold in the railroad’s voluntary abandonment of the right-of-way—amounted to a government-authorized physical occupation of the underlying property for purposes of takings analysis, and whether this Court should sit en banc to overrule Ladd and Caldwell to the extent that those cases hold that a NITU invariably causes a physical occupation.”

2. “If a NITU can be deemed to cause a government-authorized physical occupation, whether the CFC erred in applying a per se rule to hold that any NITU-caused delay constituted a taking.”

3. “Whether, if the multi-factor analysis of Arkansas Game applies, the CFC erred in finding a taking under that framework.”

Posts About this Case