Legal Opinion

Mildenberger v. United States

Court of Appeals for the Federal Circuit

Decided June 30, 2011No. 2010-5084PublishedCited by 65 opinions

1Opinion of the Court

GAJARSA, Circuit Judge.

The issue before this court concerns the determination of when a takings claim accrues. Appellants John R. Mildenberger, et al. (collectively, “Claimants”) sued the United States (“Government”) in the United States Court of Federal Claims seeking compensation for the alleged taking of their riparian and upland property rights. Because Claimants’ alleged takings claims are barred by the statute of limitations in 28 U.S.C. § 2501 and Claimants failed to establish that Florida law recognizes compensable property interests in the riparian rights they allege were injured by…

2Cases cited24 opinions

  1. Lehman v. NakshianSupreme Court of the United States · 1981
  2. United States v. DickinsonSupreme Court of the United States · 1947
  3. Hopland Band of Pomo Indians v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  4. United States v. DowSupreme Court of the United States · 1958
  5. Preseault v. United StatesCourt of Appeals for the Federal Circuit · 1996

19 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 19Supreme Court of Iowa · 2017
  2. Eden Isle Marina, Inc. v. the United States 0United States Court of Federal Claims · 2013
  3. Jeun v. United StatesUnited States Court of Federal Claims · 2016
  4. Florida Wildlife Federation Inc. v. United States Army Corps of EngineersCourt of Appeals for the Eleventh Circuit · 2017
  5. Johnson v. United StatesUnited States Court of Federal Claims · 2012

60 more not listed; retrieve them via the Exa API.

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