Federal Circuit Affirms Dismissal of Fifth Amendment Claim re: Colorado River Indian Tribes’ Reservation Lease

Here is the opinion in McGuire v. United States.

Briefs:

McGuire Opening Brief

Federal Appellee Brief

McGuire Reply

An excerpt:

Jerry McGuire leased a plot of farmland in Arizona from the Colorado River Indian Tribes (“CRIT”) with the approval of the Bureau of Indian Affairs (“BIA”). He filed this Fifth Amendment regulatory takings claim after the BIA removed a bridge that he used to access portions of the leased property. McGuire does not claim that removal of the bridge was itself a taking, but rather that the BIA’s  alleged refusal to authorize replacement of the bridge was a taking of his property rights. After trial the Court of Federal Claims (the “Claims Court”) denied McGuire’s regulatory takings claim. McGuire appeals. Because we hold that McGuire’s regulatory takings claim never ripened and that, even if McGuire’s claim had ripened, he had no cognizable property interest, we affirm.

Lower court materials here.

This entry was posted in Author: Matthew L.M. Fletcher, Research and tagged , , , , , . Bookmark the permalink.

One Response to Federal Circuit Affirms Dismissal of Fifth Amendment Claim re: Colorado River Indian Tribes’ Reservation Lease

  1. Pingback: Federal Circuit Affirms Dismissal of Fifth Amendment Claim re: Colorado River Indian Tribes’ Reservation Lease | Turtle Talk | Round House Talk

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