We were all set to write up the latest case from the Federal Circuit, Banks v. United States, No. 12-5067 (Jan. 24, 2014), when our colleagues at Pacific Legal Foundation beat us to it with this post, “Federal Circuit revives Lake Michigan takings case.”
The Federal Circuit agreed, holding that the property owners’ awareness of that some erosion was occurring before 1952 was not sufficient for their takings claims to accrue. Indeed, the Court held that it was “unreasonable” for the trial court to “assume that a property owner should have been able to discern the difference between the naturally occurring erosion and that caused by the jetties.” The Court sent the Banks case back for a determination on its merits.
Read it if statutes of limitations are your thing.
Banks v. United States, No. 12-5067 (Fed. Cir. Jan. 24, 2014)