Daniel Gabino Martinez v. United States

Fifth Amendment taking; statute of limitations; accrual date; impoundment and sale of cattle.

OPINION

BRUGGINK, Judge.

Plaintiff Daniel Gabino Martinez seeks compensation under the Fifth Amendment of the United States Constitution for the alleged taking of his cattle by the United States, acting through the Forest Service of the Department of Agriculture. Plaintiff contends that the taking occurred when the Forest Service sold several hundred head of his cattle, seized by the Service because they allegedly were trespassing on federal land. Defendant has filed a motion to dismiss for lack of…