United States v. Land

CYNTHIA HOLCOMB HALL, Circuit Judge:

To resolve the instant case we .must determine whether a landowner’s damages in a condemnation suit can be adjusted to reflect a prior regulatory taking by the Government where the landowner’s efforts to be compensated for that regulatory taking via a separate inverse condemnation suit have already failed. We answer that question in the negative, holding that a landowner who has lost an inverse condemnation claim may not use the compensation phase of subsequent condemnation proceedings to make an “end run” around res judicata and the Tucker Act’s statute of…