OK, we get that law is a serious business and that one should never make light of others' situations. Each person's claim is important to them, at the very least.
But after reading today's Federal Circuit opinion (unpublished, nonprecedential) in Bench Creek Ranch, LLC v. United States, No. 20-2151 (May 7, 2021), we couldn't help but make a couple of lighthearted movie references.
First, the above clip from one of the "Bill and Ted" movies is there because the Bench Creek case alleged that the feds are liable for a taking due to its failure to prevent wild horses from invading their land where they drank Bench Creek's water.
Bench Creek alleged in its complaint that, after a wildfire in July 2017, hundreds of wild horses on federal lands—owned by the United States and managed by the Bureau of Land Management—drank water that belonged to Bench Creek under a permit the Bureau issued to Bench Creek for grazing livestock on the lands at issue. Bench Creek alleged that the Bureau’s failure to manage the wild horses resulted in a taking of its property without just compensation, in violation of the Takings Clause of the Fifth Amendment to the United States Constitution.
Slip op. at 1. In case you aren't a fan of the Bill and Ted trilogy, their band is "Wyld Stallyns." That's it.
Second, the horses were drinking plaintiff's water, which triggered in us the other reference in this post's title, Daniel Day-Lewis's over the top "I drink your milkshake" scene in "Let There Be Blood." We've always viewed that scene through the lens of eminent domain (naturally).
Back to the opinion. It actually addresses an issue that is worthy of attention. Might the government be liable for a taking if instead of affirmative action it has failed to do something? Some courts say yes (sometimes), other courts, like the Federal Circuit, say categorically no.
Here, the answer is no (same as it ever was), the feds are not liable for wild horses drinking plaintiff's milkshake water. Just like feral cats, we suppose.
On that note, enjoy the weekend and be excellent to each other!
Bench Creek Ranch, LLC v. United States, No. 20-2151 (Fed. Cir. May 7, 2021) (unpub.)