Cent. Pines Land Co., LLC v. United States, No. 12-5002 (Fed. Cir. 2012)Annotate this Case
In 1996, CP sued the United States, claiming that CP owned minerals underlying Louisiana property (Groups A, B, and C mineral servitudes), and that between 1943 and 1978, the government imposed a drilling and operations moratorium while the surface was used for bombing and artillery practice. It alleged that starting in 1992, the government, claiming ownership, has granted oil and gas leases covering the property. The district court granted the government summary judgment with regard to Groups A and B because the prescription period was not suspended by the moratoriums. Concerning Group C, the court granted CP summary judgment, finding that servitude imprescriptible. The Fifth Circuit affirmed; certiorari was denied. In1998, CP filed another complaint in the Claims Court, alleging taking without just compensation, as an alternative to its district court action. In 2004, the Claims Court dismissed the Groups A and B claims and limited the C claim to post-1992 action. The court found that the government’s issuance of leases after 1997 constituted a compensable temporary taking, but subsequently dismissed, finding that the facts alleged in the district court complaint were nearly identical. The complaints were “for or in respect to” the same claim and 28 U.S.C. 1500 precluded jurisdiction. The Federal Circuit affirmed.