Illig v. United States

OPINION

BRUGGINK, Judge.

This takings class action is before the court on defendant’s renewed motion to dismiss plaintiffs’ claims for lack of jurisdiction pursuant to RCFC 12(b)(1). Defendant argues that plaintiffs’ claims are time-barred by the applicable six-year statute of limitations. See 28 U.S.C. § 2501 (2000). This precise issue presented itself earlier in this litigation. At that time, we denied defendant’s motion to dismiss finding that the *49claims, filed on December 28, 1998, were timely. We held that plaintiffs’ claims based on the National Trail Systems Act (Trails Act), 16 U.S.C. §…