Burlington Northern Railroad Company and Meridian Land and Mineral Company v. The United States

FRIEDMAN, Circuit Judge.

This is an appeal from the judgment of the United States Claims Court dismissing without prejudice Burlington Northern Railroad Company’s (Burlington) suit seeking just compensation from the United States under the fifth amendment for the alleged taking of Burlington’s coal reserves in Custer National Forest. We affirm.

I

Burlington filed a petition in the Claims Court alleging that it owns substantial mineral reserves, including coal, which are under federal and privately-owned lands within the Custer National Forest. Burlington contended that section 522(e)(2)(B) of…