Evans v. United States

Landowners along a trail in Missouri and Kansas sought to join an existing “takings” suit against the United States, concerning the Rails-to-Trails program, filed under the Tucker Act. The initial plaintiff characterized her suit as a class action on behalf of herself and similarly situated persons; the owners qualified as such persons. The class action had been filed before the running of the six-year statute of limitations for the Tucker Act; however, the plaintiffs who sought to join as named parties did not do so until after the limitations period had run. The Court of Federal Claims refused to permit the original plaintiff to amend her complaint for joinder of additional plaintiffs; their suits were dismissed as time barred. The Federal Circuit reversed; the merits are before the Court of Federal Claims. In the meantime, the owners filed “protective suits” under 28 U.S.C. 1346, the “Little Tucker Act” which authorizes suits against the government in federal district courts, if damages sought do not exceed $10,000. The district courts declined to stay those suits pending the appeal and dismissed them as time barred. The Federal Circuit vacated and instructed the district courts to dismiss those suits without prejudice. View "Evans v. United States" on Justia Law