U.S. v. 6.321 Acres of Land, Suffolk Cty

14 Citing cases

  1. United States v. 101.88 Acres of Land

    616 F.2d 762 (5th Cir. 1980)   Cited 41 times
    Holding that a landowner is entitled only to recover for the actual condemnation and not for any theory of damages to remaining land or damages that will be incurred in the future

    100 F. Supp. 378, 378-79 (citations omitted). Other cases employ the same logic to reach the same result. See, e. g., United States v. 40.60 Acres in Contra Costa County, California, 9 Cir. 1973, 483 F.2d 927; United States v. 6.321 Acres in Suffolk County, Massachusetts, 1 Cir. 1973, 479 F.2d 404. None of the cases relied on by Avoca, indeed none of the cases extant, is to the contrary.

  2. Equitrans, L.P. v. 0.56 Acres of Permanent Easement Located in Marion Cnty.

    145 F. Supp. 3d 622 (N.D.W. Va. 2015)   Cited 12 times

    t. See United States v. Certain Land Situated in City of Detroit , 361 F.3d 305, 307–08 (6th Cir.2004) (concluding that the court lacked subject matter jurisdiction to hear an intervening party's counterclaim against the United States in condemnation); United States v. Banisadr Bldg. Joint Venture , 65 F.3d 374, 380 (4th Cir.1995) (concluding that the court lacked subject matter jurisdiction to hear a counterclaim because the claim must be “in a separate action filed under the Tucker Act”); United States v. 79.20 Acres , 710 F.2d 1352, 1356 n. 5 (8th Cir.1983) (concluding that the court had no jurisdiction to hear a counterclaim because “[t]he United States, as sovereign, is immune from suit”); United States v. 38.60 Acres of Land , 625 F.2d 196, 199 (8th Cir.1980) (concluding that the court lacked subject matter jurisdiction to hear counterclaims against the United States under sovereign immunity and the Tucker Act); United States v. 6,321 Acres of Land More or Less in Suffolk Cnty., 479 F.2d 404, 406–07 (1st Cir.1973) (concluding that the counterclaim “may only be heard in the Court of Claims” under the Tucker Act, and that Rule 71A (Rule 71.1's predecessor) “did not effect a waiver of the government's immunity”); United States v. 3,317.39 Acres of Land , 443 F.2d 104, 106 (8th Cir.1971) (concluding that the court lacked subject matter jurisdiction on sovereign immunity grounds). The closest a Circuit Court has come to concluding that counterclaims are categorically barred under Rule 71.1(e) was in United States v. 191.07 Acres of Land , 482 F.3d 1132 (9th Cir.2007), wherein the Ninth Circuit concluded that “[a] property owner cannot file a counterclaim in a direct condemnation action.”

  3. Bd. of Supervisors of Issaquena Cnty. v. United States

    No. 2022-2026 (Fed. Cir. Oct. 19, 2023)

    (capitalization altered)); United States v. 6,321 Acres of Land More or Less In Suffolk Cnty., 479 F.2d 404, 406 (1st Cir. 1973) (recognizing the "the general rule making non-compensable [under the Takings Clause] an expectation of taxes"); Adams v. United States, 391 F.3d 1212, 1225 (Fed. Cir. 2004) (declining "to treat a statutory right to be paid money as a legally-recognized property interest"). AFFIRMED IN PART, VACATED AND REMANDED IN PART

  4. Bd. of Supervisors of Issaquena Cnty., Miss. v. United States

    No. 2022-2026 (Fed. Cir. Aug. 4, 2023)

    (capitalization altered)); United States v. 6,321 Acres of Land More or Less In Suffolk Cnty., 479 F.2d 404, 406 (1st Cir. 1973) (recognizing the "the general rule making non-compensable [under the Takings Clause] an expectation of taxes"); Adams v. United States, 391 F.3d 1212, 1225 (Fed. Cir. 2004) (declining "to treat a statutory right to be paid money as a legally-recognized property interest"). AFFIRMED IN PART, VACATED AND REMANDED IN PART

  5. Skoko v. Andrus

    638 F.2d 1154 (9th Cir. 1979)   Cited 4 times

    That such an expectation is not a compensable interest in a condemned parcel is well settled since to permit a state or a municipality to recover on such a claim would violate the long recognized immunity of the federal government from the taxing power of the states." United States v. 6.321 Acres of Land, Etc., Suffolt County, 1 Cir., 1973, 479 F.2d 404, 406. See also, United States v. City of Glen Cove, E.D. N.Y., 1971, 322 F. Supp. 149, 155, aff'd, 2 Cir., 1971, 450 F.2d 884; cf. Mullen Benevolent Corp. v. United States, 1933, 290 U.S. 89, 94-95, 54 S.Ct. 38, 78 L.Ed. 192; Adaman Mutual Water Company v. United States, 9 Cir., 1960, 278 F.2d 842, 849-50; Columbia Irrigation District v. United States, 9 Cir., 1959, 268 F.2d 128, 131-32. Whatever the Congress did to alleviate the loss of tax revenues suffered by the O C counties when the O C lands were revested in the United States was an act of grace on the part of the Congress. It conferred no rights upon the counties to the continuance of Congress' bounty.

  6. United States v. 416.81 Acres of Land

    514 F.2d 627 (7th Cir. 1975)   Cited 173 times
    Analyzing a Rule 12(f) motion by "accepting as true the factual underpinnings of the [non-movant's] objections" to the motion

    Nor is it for the courts to consider broadside allegations that the purported public use to be served is merely a pretense or a sham to cover arbitrary official conduct. United States v. 6,321 Acres in Suffolk County, Mass., 479 F.2d 404 (1st Cir. 1973); United States v. 80.5 Acres in Shasta County, Cal., supra; United States v. Bowman, 367 F.2d 768 (7th Cir. 1966). Only in cases of egregious bad faith will the right to condemn be denied, United States v. 2606.84 Acres in Tarrant County, Tex., supra, 432 F.2d at 1290 (5th Cir. 1970), for in those circumstances the taking may not be for a "public" use at all.

  7. U.S. v. 40.60 Acres of Land, Etc., Calif

    483 F.2d 927 (9th Cir. 1973)   Cited 15 times
    Holding the district court did not have jurisdiction to hear counterclaim in a condemnation action

    But there is no question that a counterclaim cannot be maintained in the District Court if the amount sought exceeds $10,000. See United States v. 6.321 Acres of Land, 479 F.2d 404 (1st Cir. 1973); United States v. 87.30 Acres of Land, 430 F.2d 1130 (9th Cir. 1970). In the present case there was no averment that the matter in controversy did not exceed $10,000.

  8. Transcon. Gas Pipe Line Co. v. Permanent Easements for 3.16 Acres

    4:17-CV-00737 (M.D. Pa. Mar. 22, 2022)

    Id.In re Stephenson, 1995 WL 529610, at *2 (Fed. Cir. Aug. 30, 1995) (citing United States v. 38.60 Acres of Land, 625 F.2d 196 (8th Cir. 1980), United States v. 40.60 Acres of Land, 483 F.2d 927 (9th Cir. 1973), and United States v. 6, 321 Acres of Land, 479 F.2d 404 (1st Cir. 1973)0 ("Indeed, the federal courts of appeal uniformly have held that a district court lacks jurisdiction to entertain a true counterclaim in a condemnation proceeding, that is, a separate freestanding claim that otherwise could be asserted independently in another proceeding."); see also Transcon. Gas Pipe Line Co., LLC v. Permanent Easement for 1.02 Acres, 2020 WL 3469040, *2 (E.D. Pa. June 25, 2020).

  9. Tex. E. Transmission, LP v. A Permanent Easement of 0.5 Acres

    Civil No. 1:14-cv-354 (M.D. Pa. Apr. 1, 2019)   Cited 1 times
    Stating that compensation is limited to "losses inherent to the taking itself" and does not include vandalism by third parties during construction even if allowed by negligence of condemnor

    Courts have often dismissed counterclaims arising out of takings that are not inherent to the taking itself.In re Stephenson, 66 F.3d 345, *2 (Fed. Cir. 1995) ("the federal courts of appeal uniformly have held that a district court lacks jurisdiction to entertain a true counterclaim in a condemnation proceeding, that is, a separate freestanding claim that otherwise could be asserted independently in another proceeding.") (citing United States v. 38.60 Acres of Land, 625 F.2d 196 (8th Cir.1980); United States v. 40.60 Acres of Land, 483 F.2d 927 (9th Cir.1973); United States v. 6,321 Acres of Land, 479 F.2d 404 (1st Cir.1973)). Here, National seeks to avoid the general principal that counterclaims are impermissible in eminent domain proceedings by couching its negligence claim as a factor to be considered in the just compensation calculation.

  10. Maritimes & Northeast Pipeline, L.L.C. v. 16.66 Acres of Land, More or Less, in City of Brewer & Towns of Eddington & Bradley, County of Penobscot, State of Maine

    190 F.R.D. 15 (D. Me. 1999)   Cited 3 times

    Since the party taking by eminent domain is most often the United States, this exclusion of counterclaims in condemnation actions often relies on sovereign immunity. See e.g., United States v. 6,321 Acres of Land, 479 F.2d 404, 406-07 (1st Cir.1973). In this case, Maritimes as a private entity is granted the power to condemn under the Natural Gas Act pursuant to a FERC Certificate.