Mesa Ranch Partnership v. United States

2 Cl. Ct. 700, 1983 U.S. Claims LEXIS 1702
CourtUnited States Court of Claims
DecidedJune 21, 1983
DocketNo. 296-82L
StatusPublished
Cited by6 cases

This text of 2 Cl. Ct. 700 (Mesa Ranch Partnership 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
Mesa Ranch Partnership v. United States, 2 Cl. Ct. 700, 1983 U.S. Claims LEXIS 1702 (cc 1983).

Opinion

OPINION

LYDON, Judge:

This case is before the court on defendant’s motion to dismiss or, in the alternative, for summary judgment and plaintiff’s opposition thereto. In its complaint, plaintiff, Mesa Ranch Partnership (Mesa Ranch), seeks to recover just compensation for the alleged taking of its property by defendant. Defendant, in its motion, argues that the present action is barred by res judicata because no further significant action has been taken by the government since the United States Court of Claims dismissed the [701]*701same taking claim advanced by plaintiff in Mesa Ranch Partnership v. United States, 222 Ct.Cl. 623, 650 F.2d 285 (Order Feb. 8, 1980). Defendant further asserts that it has not impermissibly restricted plaintiffs property so as to constitute a taking and that there is no genuine issue of material fact which would serve to preclude denial of its motion. Plaintiff, on the other hand, claims that res judicata, on the facts presented, is inapplicable; that it has sufficiently pled a cause of action for a taking; and that there are genuine issues of material fact which require a trial. Both parties have submitted a number of documents and affidavits in support of these positions which are discussed in full in their briefs.

I.

A. The Prior Decision

Plaintiff filed the instant action approximately 2 years after the United States Court of Claims dismissed its previous inverse condemnation action concerning the same property. In the prior action, referred to herein as Mesa Ranch I, plaintiff sought to recover just compensation for an alleged taking of its property, known as Mesa Ranch, a 210 acre tract of land in Marin County, California, bordering on the Pacific Ocean and adjacent to Point Reyes National Seashore. Plaintiff acquired the property in 1971 when it was zoned for residential-agricultural use. The property is deemed suitable for a subdivision of approximately 1,000 units. Mesa Ranch is the last remaining unimproved parcel of privately-held coastal land in Marin and San Francisco counties. The highest and best use of the property, if not for parkland or recreation, is for residential purposes.

In support of its prior “taking” action, in Mesa Ranch I, plaintiff argued that certain activities by the federal government, constituted a taking, entitling plaintiff to just compensation.

First, plaintiff argued that the federal government, operating through Congressman John L. Burton and Interior Department personnel, persuaded the county to “down-zone” the Mesa Ranch property as part of a plan to prevent or delay plaintiff from developing the property. On August 23, 1977, Marin County “down-zoned” the property to reduce the prior residential lot yield from 1000 to 10 units, which served, according to plaintiff, to depress the market value of the tract and thus would enable the government to acquire it at a lower price.

Second, plaintiff relied on Congress’ 1978 adoption of a revised map of the Point Reyes National Seashore, which added plaintiffs’ 210-acre tract to the previous statutory boundaries of that National Seashore as evidence that a taking had occurred.

Third, plaintiff argued that on May 18, 1979, the government informed plaintiff that it would acquire Mesa Ranch at some undetermined future date when funds were available.

As a result of the aforementioned governmental actions with respect to plaintiff’s property, plaintiff claimed that its land was unmarketable and that a taking thereof had occurred. The Court of Claims responded to each of these arguments in Mesa Ranch I.

The Court of Claims, citing Drakes Bay Land Co. v. United States, 191 Ct.Cl. 389, 424 F.2d 574 (1970), held “that acts of federal officials in persuading local officials to obstruct development by placing new burdens upon it, or refusing to lift old ones, are not takings imputable to the United States.” (222 Ct.Cl. at 626, 650 F.2d 285). The court also held that inclusion of plaintiff’s property in the revised statutory map of the National Seashore did not constitute a taking. Rather, the court viewed publication of the revised map as merely an “inchoate taking” of lands shown on the map, with the taking remaining to be perfected by further official action (222 Ct.Cl. at 625, 650 F.2d 285). Finally, after also considering the government’s announced intention of acquiring Mesa Ranch at some future date, the court concluded that the aforementioned government actions were insufficient to accelerate the time of title pas[702]*702sage before the date of actual exchange, purchase, or condemnation. (222 Ct.Cl. at 625, 650 F.2d 285.) Accordingly, the court dismissed plaintiff’s petition.1 The court did state, however, that “we are careful to leave open the possibility that future events, or nonevents, too late to be sued on here, might ripen into a taking, as to which we make no adjudication.” (222 Ct.Cl. at 626, 650 F.2d 285.)

Since Mesa Ranch I was decided, certain undisputed new events have occurred with respect to plaintiff’s property. The significance of these subsequent actions, vis-a-vis the government’s res judicata defense, is at issue in this case.

B. The Subsequent Events

On February 15, 1980, shortly after the Court of Claims decision in Mesa Ranch I, the government sent plaintiff - a draft Land Acquisition Plan that was prepared by the Department of Interior (DOI). The purpose of the plan was to inform owners of private land within the authorized boundaries of Point Reyes National Seashore concerning the land acquisition program for the park, the plan’s effect on individual landowners, and the manner in which those concerned could submit their comments on the plan. The draft plan, which was subsequently approved in toto as the final Land Acquisition Program in April 1980, states that “** * full fee title will ordinarily be acquired to provide for the full use and enjoyment of all the land within the exteri- or boundary by all of the citizens.”

The plan established acquisition priorities as follows: (1) prevention of resource damage, (2) hardship cases, (3) land needed for public facilities, (4) persons interested in selling and (5) all other lands. Although the plan specified certain properties as “current areas to be acquired,” plaintiff’s property was not among them. The plan also defines compatible and incompatible uses for the properties. Basically, general maintenance, repair and minor modification work is considered a “compatible” use, while construction of buildings, subdivision development, or other improvements on undeveloped land are considered “incompatible” uses. The plan further states that:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Holden v. United States
38 Fed. Cl. 732 (Federal Claims, 1997)
Ciampetti v. United States
18 Cl. Ct. 548 (Court of Claims, 1989)
Jensen v. United States
17 Cl. Ct. 583 (Court of Claims, 1989)
Cascade Development Co. v. United States
12 Cl. Ct. 587 (Court of Claims, 1987)
Shane v. United States
3 Cl. Ct. 294 (Court of Claims, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
2 Cl. Ct. 700, 1983 U.S. Claims LEXIS 1702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mesa-ranch-partnership-v-united-states-cc-1983.