Legal Opinion
Hansen v. United States
United States Court of Federal Claims
Decided April 11, 2005No. 02-21LPublishedCited by 51 opinions
1Opinion of the Court
OPINION AND ORDER
BLOCK, Judge.
One issue that has over the decades divided this court is the distinction between torts and takings under the Takings Clause of the Fifth Amendment.1 The distinction is important because this court has jurisdiction over taking claims under the Tucker Act, but not over tort actions.2 At times, the court has indicated that the operative facts of a case can never concurrently state a claim for both a taking and a tort.3 Other opinions of this court have taken the opposite view, that the facts giving rise to a takings claim are not inconsistent with those of a…
2Cases cited123 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Landis v. North American Co.Supreme Court of the United States · 1936
118 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Klamath Tribe Claims Committee v. United StatesUnited States Court of Federal Claims · 2011
- Resource Investments, Inc. v. United StatesUnited States Court of Federal Claims · 2009
- Klamath Irrigation District v. United StatesUnited States Court of Federal Claims · 2005
- Appeal of the Town of NottinghamSupreme Court of New Hampshire · 2006
- Harms v. City of SibleySupreme Court of Iowa · 2005
46 more not listed; retrieve them via the Exa API.