Carlson v. United States

This taking case, before the court on defendant’s motion for summary judgment, involves a long-standing problem which Congress addressed in legislation only 5 years ago, although its solution did not go far enough to rescue the present plaintiffs from their predicament. This historic difficulty is the dilemma of the real property owner whose landholding neighbor is the United States: he generally cannot obtain specific judicial relief when the boundary between his and his sovereign neighbor’s land is in dispute, for his neighbor is cloaked with immunity from suit. Malone v. Bowdoin, 369 U.S.…