Federal Circuit Affirms Ruling That Landowners’ Physical Takings Claim Untimely

Mealey's (April 8, 2020, 5:18 PM EDT) -- WASHINGTON, D.C.  — A three-judge panel of the Federal Circuit U.S. Court of Appeals on April 7 upheld a ruling finding that a lawsuit brought by two property owners against the federal government under the physical takings clause of the Fifth Amendment to the U.S. Constitution was barred by the six-year statute of limitations, holding that the appellants knew about the extent of the contamination at the site prior to 2011 (Frazer/Exton Development LP, et al. v. United States, No. 2019-2143, U.S. App., Fed. Cir., 2020 U.S. App. LEXIS 10902)....