Duncan v. United States

98 Fed. Cl. 318, 2011 U.S. Claims LEXIS 549, 2011 WL 1374815
CourtUnited States Court of Federal Claims
DecidedApril 12, 2011
DocketNo. 10-320L
StatusPublished
Cited by2 cases

This text of 98 Fed. Cl. 318 (Duncan v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duncan v. United States, 98 Fed. Cl. 318, 2011 U.S. Claims LEXIS 549, 2011 WL 1374815 (uscfc 2011).

Opinion

OPINION AND ORDER

MARGARET M. SWEENEY, Judge.

Plaintiff Mary L. Duncan, appearing pro se, filed a complaint against the United States, an application to proceed in forma pauperis, and a request for alternative dispute resolution. She alleges that the United States Department of Housing and Urban Development (“HUD”) infringed her property rights by selling land that she owns to third parties. Defendant moves to dismiss plaintiffs complaint pursuant to Rule 12(b) of the Rules of the United States Court of Federal Claims (“RCFC”), contending that plaintiffs claim is time-barred and that plaintiff fails to allege an affirmative act of the government that deprived her of any property interest. For the reasons set forth below, the court concludes that plaintiffs claim is time-barred and, therefore, subject to dismissal for lack of jurisdiction pursuant to RCFC 12(b)(1).1 Accordingly, the court grants plaintiffs application to proceed in forma pauperis, denies her request for alternative dispute resolution, and dismisses her complaint.

I. BACKGROUND2

A. Allegations in Plaintiffs Complaint

The property at issue in this case is a parcel of land in Prince George’s County, Maryland. The property, described as “1/2 Acre part of Independence situate in Se.at Pleasant Election District” and assessed in the names of B.L. Gover and Cornelia B. Gover, was offered for purchase at a tax sale in March 1937. Def.’s Ex. A at 1. The County Commissioners of Prince George’s County ultimately purchased the property at a final tax sale on September 18, 1939. Id. After the redemption period expired, the County Commissioners issued an order on [320]*320September 2,1947, directing that the property be sold to Jasper Brown and Willie Brown for $60.00. Id.; Compl. 2; Pl.’s Ex. 8 at 4. The property was deeded to the Browns on September 9, 1947. Compl. 2; Def.’s Ex. A at 1-2. The deed indicated that further information concerning the unpaid taxes could be found in “Equity proceedings No. 10182.”3 Def.’s Ex. A at 1.

After purchasing the property, the Browns unsuccessfully attempted to ascertain its precise location. Pl.’s Ex. 15 at 10-11. Nevertheless, they continued to pay the taxes assessed on the property. Id. at 11. In 1979, because they had moved to California, the Browns granted plaintiff, their niece, a power of attorney to act on their behalf. Pl.’s Supp’l Ex. 2 at 2. Then, on January 6, 1982, the Browns executed a deed conveying to plaintiff part ownership of the property.4 Id. at 1. Prince George’s County officials refused to record the deed. Def.’s Ex. F at 6-7.

Since 1979, plaintiff has endeavored to obtain records related to the property. Pl.’s Supp’l Ex. 2 at 2. She searched for records at various libraries, the Maryland Hall of Records, the Orphans’ Court, and HUD offices. Compl. 2-3. She also examined Chancery Court records, land records, and title company records. Id. at 2. As a result of her searches, plaintiff collected a number of deeds that she contends relate to her property.5 She also discovered a title insurance policy issued by American Title Insurance Company related to a housing project called Baber Village. Id. at 3; Pl.’s Ex. 2 at 1-6.

Baber Village was a “rent-subsidized apartment project in Prince George’s County” built in the late-1960s and ultimately demolished in 1980. Def.’s Ex. D at 1; Pl.’s Ex. 15 at 20. The title insurance policy discovered by plaintiff concerned a portion of Parcel C of the Baber Village subdivision titled in the name of Baber Village, Inc. Pl.’s Ex. 2 at 1, 3, 6. The policy, effective December 24, 1969, insured the Prudential Insurance Company and the Secretary of HUD against, among other things, mortgage lien and title defects. Id. at 1, 3. Schedule A contained descriptions of the mortgage, assignments, and land covered by the policy. Id. at 1-3, 5-6. Schedule B contained a listing of tax liens, charges, easements, and agreements related to the land but excluded from the policy’s coverage.6 Id. at 3-4.

[321]*321It appears that Baber Village, Inc. conveyed some or all of the property it owned to HUD on July 19,1972. Pl.’s Ex. 13 at 2. On June 30, 1975, the Secretary of HUD, Carla A. Hills, conveyed the land that was the subject of the title insurance policy to the Housing Authority of Prince George’s County. Compl. 3; Def.’s Ex. B at 1-2. Then, on September 11, 1985, the Secretary of HUD, Samuel R. Pierce, Jr., conveyed Parcel B of the Baber Village subdivision to Central Gardens Associates Limited Partnership. Compl. 3-4; Def.’s Ex. C. The deeds reflecting these conveyances were recorded in the land records of Prince George’s County on June 30, 1975, and September 13, 1985, respectively. Def.’s Ex. D at 3; Def.’s Ex. E at 1-2.

Plaintiff contends that Baber Village was built on, or encroached upon, the land deeded to her by her aunt and uncle. Compl. 4. Thus, she contends, the sale of the various parcels of the Baber Village subdivision by the Secretaries of HUD extinguished her “right to own, enjoy or sell” her property. Id. at 1. In effect, plaintiff alleges that the United States took her property without providing just compensation in violation of the Fifth Amendment of the United States Constitution.

B. Earlier Attempts to Obtain Relief by Plaintiff and Her Family

This lawsuit is not the first attempt by plaintiff or her family to obtain relief for the alleged loss of the one-half acre of property. In 1973, as a result of inquiries by Mr. Brown and his brother, Rev. Grant, the supervisor of assessments for Prince George’s County concluded that the property did not actually exist. Pl.’s Supp’l Ex. 3. He explained “that a large parcel including the little tract was bought years ago” and “[a]s surrounding parcels were sold and new surveying was done, it was found that the large parcel was not quite as large as had been assumed.” Id. He also indicated that unless the assessed owners — the Browns — formally informed him that the property did not exist, the law prevented him from doing anything other than setting an assessment rate on the property. Id.

In 1976, Rev. Grant sought assistance from his United States congresswoman regarding the property. Pl.’s Ex. 12 at 3. The following year, advised that nothing had come from the initial request for assistance, Rev. Grant’s congresswoman requested that his state senator inquire into the possibility of introducing a special bill to provide him relief. Id. at 4; Compl. 3.

Rev. Grant also appears to have commissioned a title search from District Realty Title Insurance Corporation (“District Realty”) in late 1978. Pl.’s Ex. 12 at 1. As recited in a December 5, 1978 letter, District Realty informed Rev. Grant that the only property titled in the name of Mr. Gover in 1936 — just prior to the initial tax sale of the one-half acre of land at issue — was two lots in Capitol Heights and that neither lot was the property purchased by the Browns at the tax sale.7 Id. District Realty supplemented its findings in an October 15, 1979 letter to plaintiff. Def.’s Ex. I.

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Related

Johnson v. United States
127 Fed. Cl. 529 (Federal Claims, 2016)
Jones v. United States
100 Fed. Cl. 93 (Federal Claims, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
98 Fed. Cl. 318, 2011 U.S. Claims LEXIS 549, 2011 WL 1374815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-united-states-uscfc-2011.