Chipps v. United States

19 Cl. Ct. 201, 1990 U.S. Claims LEXIS 2, 1990 WL 133
CourtUnited States Court of Claims
DecidedJanuary 2, 1990
DocketNo. 431-88 L
StatusPublished
Cited by7 cases

This text of 19 Cl. Ct. 201 (Chipps v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chipps v. United States, 19 Cl. Ct. 201, 1990 U.S. Claims LEXIS 2, 1990 WL 133 (cc 1990).

Opinion

OPINION

RADER, Judge.

Lewis and Mildred Chipps, plaintiff’s deceased parents, owned a 175-acre farm in Livingston County, Kentucky. The Chipps farm borders the Bayou Creek, a tributary of the Ohio River.

In 1978, the United States Corps of Engineers (the Corps) began constructing the Smithland Locks and Dam Project on the Ohio River downstream from the Chipps’ farm. To account for the projected rise in water levels, the Corps sought a flowage easement of nine acres on plaintiff’s land. When the Chipps refused its initial compensation offer, the Corps instituted a condemnation proceeding in federal district court. The Corps contended that $1,000.00 for each acre would be reasonable compensation. The jury, however, awarded Mr. and Mrs. Chipps $35,000.00 for the nine-acre easement.1

Lewis and Mildred Chipps brought this action in the United States Claims Court on July 22, 1988. Plaintiff now represents his deceased parents’ estate in this action. Plaintiff claims that the Smithland Dam floods an additional 65 acres of the farm. Plaintiff seeks relief under the fifth amendment to the United States Constitution.

Defendant moves to dismiss plaintiff’s complaint for lack of jurisdiction. Specifically, defendant contends that plaintiff did not file its complaint within the six-year statute of limitations. 28 U.S.C. § 2501 (1982). After oral argument, this court grants defendant’s motion.

FACTS

In 1978, the Corps began erecting the Smithland Locks and Dam on the Ohio River. The Corps expected the Smithland project to raise the normal water level of [202]*202the Ohio River and its tributaries. According to the Corps’ calculations, the dam would submerge nine acres of the Chipps farm. Therefore, the Corps sought a flow-age easement along Bayou Creek on this property. Lewis and Mildred Chipps rejected defendant’s initial offer of compensation.

In March 1979, the Corps filed a condemnation proceeding in the United States District Court for the Western District of Kentucky. United States v. Tract 708E, Civ. A. No. C79-0043P(J) (W.D.Ky.1979). After a trial on January 6, 1984, a jury awarded the Chipps $35,000.00 as just compensation for the easement. The district court entered judgment with interest on August 24, 1984.

The Corps finished the Smithland project in 1980. The water level of the Ohio River began to rise even before completion of the dam. By January 6, 1981, the Ohio River had risen 22 vertical feet to reach its new normal level.

The dam also raised the water level of Bayou Creek. This higher water level allegedly altered the capacity of the creek to absorb usual drainage demands. Plaintiff contends that an additional 65 acres of the Chipps farm has flooded on a recurring basis.

Bayou Creek’s rising water levels affected plaintiff’s property as early as 1979. During the 1984 condemnation proceeding, Dale Calendar — a contract farmer on plaintiff’s land — testified about abnormal water conditions occurring as early as 1979. Mr. Calendar testified that increasing dampness forced him to stop planting 55 acres as early as 1979. Moreover Mr. Calendar had to adjust farming techniques on still more of plaintiff’s land to account for soggy soil.

Flooding drastically affected farming operations on plaintiff's land from 1980 through 1985. The Chipps planted wheat in 1980 and soybeans in 1981. Flooding from Bayou Creek destroyed both crops. Similarly, the Chipps lost 50 acres of their wheat crop during both January and September of 1982 because of flooding. After flooding destroyed additional crops in 1984 and 1985, plaintiff stopped farming.

Lewis and Mildred Chipps, now deceased, filed this action in the Claims Court on July 22, 1988. On behalf of his parents’ estate, plaintiff claims that the Smithland project has caused the recurring flooding of the Chipps’s farm. This flooding, according to plaintiff, is a taking of property under the fifth amendment to the United States Constitution. Plaintiff seeks $252,720.00 as just compensation for the taking of 65 acres of land.

On July 24, 1989, defendant filed a motion to dismiss for lack of jurisdiction. Defendant contends that plaintiff did not file his claim within the six-year statute of limitations prescribed by 28 U.S.C. § 2501.

DISCUSSION

Section 2501 of Title 28 sets forth the statute of limitations for actions in the Claims Court:

Every claim of which the United States Claims Court has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues.

28 U.S.C. § 2501.

Statutes of limitations foster accuracy in the judicial process and give defendants repose from stale claims. The Supreme Court remarked:

Statutes of limitations, which “are found and approved in all systems of enlightened jurisprudence,” represent a pervasive legislative judgment that it is unjust to fail to put the adversary on notice to defend within a specified period of time and that “the right to be free of stale claims in time comes to prevail over the right to prosecute them.” These enactments are statutes of repose; and although affording plaintiffs what the legislature deems a reasonable time to present their claims, they protect defendants and the courts from having to deal with cases in which the search for truth may be seriously impaired by the loss of evidence, whether by death or disappearance of witnesses, fading memories, disappearance of documents, or otherwise.

[203]*203United States v. Kubrick, 444 U.S. Ill, 117, 100 S.Ct. 352, 356-57, 62 L.Ed.2d 259 (1979) (citations omitted). These purposes are particularly applicable in the case at bar. Plaintiff’s claim depends on the testimony of individuals familiar with the flooded land. Yet, the original plaintiffs and landowners are deceased.

If a plaintiff fails to file its claim within the period prescribed by a statute of limitations, this court lacks jurisdiction over the claim. Kirby v. United States, 201 Ct.Cl. 527, 539 (1973), cert. denied, 417 U.S. 919, 94 S.Ct. 2626, 41 L.Ed.2d 224 (1974). When assessing its jurisdiction, this court must construe the facts in a light most favorable to plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974). The court may examine documents outside of the pleadings to establish the basis for jurisdiction. RUSCC 12(b); see also, Illinois v. United States, 15 Cl.Ct. 399 (1988). Using these standards to review defendant’s statute of limitations defense, this court finds that it lacks jurisdiction over plaintiffs claim.

Computing the Limitations Period — Takings Claim

Section 2501 requires this court to find out when plaintiff’s cause of action fully accrued.

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Cite This Page — Counsel Stack

Bluebook (online)
19 Cl. Ct. 201, 1990 U.S. Claims LEXIS 2, 1990 WL 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chipps-v-united-states-cc-1990.