United States v. 422,978 Square Feet of Land, in the City and County of San Francisco, and Unknown Owners, State of California, And

JAMES M. CARTER, Circuit Judge:

This is an appeal from an order of the district court dismissing a complaint in condemnation. The State of California appeared in the action as an owner claiming rights in the subject property and resisted the motion of the United States to dismiss. The State’s appeal raises questions of whether the United States exercised a navigational easement in connection with the subject property and whether the statute of limitations under the Tucker Act ran against the State. We affirm.

On November 18, 1940, the United States entered and took physical possession of…