Osprey Pacific Corp. v. United States

41 Fed. Cl. 150, 1998 U.S. Claims LEXIS 123, 1998 WL 313519
CourtUnited States Court of Federal Claims
DecidedJune 10, 1998
DocketNo. 93-710
StatusPublished
Cited by12 cases

This text of 41 Fed. Cl. 150 (Osprey Pacific Corp. 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
Osprey Pacific Corp. v. United States, 41 Fed. Cl. 150, 1998 U.S. Claims LEXIS 123, 1998 WL 313519 (uscfc 1998).

Opinion

OPINION

SMITH, Chief Judge.

This ease involves a claim for damages resulting from the seizure of a Navy patrol boat (PTF-26) that had been declared surplus and donated to an Oregon public agency under the Federal Property Administrative Services Act of 1949, 40 U.S.C. § 484 (FPA-SA).

This is an unusual case. Its fact pattern does not fit the regular takings mold. At issue here is not a forfeiture, but a physical seizure, based upon an unfounded belief that the federal government had a valid claim to a boat that had been surplused. Unlike either an in rem or an in personam forfeiture where the law penalizes certain types of conduct in connection with certain types of phys[152]*152ical or intangible property, the beginning of this case was a dispute over ownership of a leasehold.1 The government seemingly believed it had a legal right to get the property back. While it appeared to have abandoned that view soon after the seizure, it has never accepted the legal consequences of its action. The court must grant the plaintiff the relief he seeks since the government’s claim was unfounded, though, the court notes that it is still far from clear why the government felt it could or should take the subject boat. For purposes of this opinion, however, all that is important is that the federal government, acting purposefully within its statutory authority, took the property and effectively rendered it valueless.

Initially, the court held oral argument on cross motions for summary judgment and the government’s motion to dismiss. The government’s motions were denied and the court held a trial in Portland, Oregon. Plaintiffs complaint and motion for summary judgment rested on three alternative theories: First, plaintiff argued that the government breached a valid contract between the parties by seizing PTF-26. Second, plaintiff contended that if the court found that there was no valid contract between the parties, then the seizure would constitute a taking of its leasehold interest in the vessel that arose from a valid contract between plaintiff and the Port of Newport. Finally, plaintiff argued that even if the court found that it had no valid interest in PTF-26, it would still be entitled to reimbursement of its investment in the vessel.

After oral argument, trial, and consideration of the briefs and relevant law, the court GRANTS plaintiffs motion for summary judgment on its alternative theory that the seizure of PTF-26 was in violation of plaintiffs Fifth Amendment rights and finds that the-government is liable to plaintiff for just compensation for the physical taking of PTF-26.2 On the basis of the trial, the court finds that just compensation entitles plaintiff to an award of $550,000 plus compound interest from the date of the taking and awardable costs and attorneys fees.

FACTS

On April 24, 1985, the Port of Newport requisitioned a surplus Navy PT boat from the state of Oregon under the FPASA3 in an attempt to procure it for use as a set for a movie that was to be filmed by a group headed by actor Robert Culp. This request was forwarded to the General Services Administration (GSA) which, after approval, transferred to Oregon a 95-foot patrol torpedo boat, designated PTF-26, on July 15, 1985. On July 24, 1985, Oregon and Newport executed a Vessel Conditional Transfer Document (1985 VCTD), which imposed a number of restrictions on the latter’s use of PTF-26. The 1985 VCTD provided that PTF-26 would be placed into use as a movie set within 12 months after acquisition and would be used for a 12-month period thereaf[153]*153ter. In addition, use of the boat was restricted to the purposes stated for another 48 month period to begin upon the completion of the first 12-month period. Substantial repairs were made to PTF-26 in preparation for its use as a movie set. While these repairs were being made by Modoc Technical Services, Inc. (Modoc) of Klamath Falls, Oregon, the film project was terminated, leaving an unpaid repair bill of $129,288.

On May 8, 1986, the United States Navy requested the use of PTF-26 as a patrol boat at its Pacific Missile Test Center. In response to this request, Newport issued a Request for Proposals (RFP) in an attempt to locate a private party willing to charter the boat and operate it for the Navy. On November 3, 1986, a company called Greater Pacific Associates submitted a proposal to charter PTF-26 and entered into a contract with the Navy. Upon Newport’s acceptance of this proposal, Greater Pacific formed a new corporation to undertake the charter, naming it Osprey Pacific Corporation (Osprey), the plaintiff in the instant ease.

Newport and Osprey proceeded to negotiate a Preferential Use Agreement (Charter), under which Newport chartered PTF-26 to Osprey for five years, with an option for an additional five yeai’s. In return, Osprey agreed to reimburse Newport $44,664.31 for expenses incurred in transporting and caring for the vessel, to satisfy Modoc’s $129,288 lien, and to pay Newport an annual “user’s fee” determined as the greater of $5,000 or 5 to 10 percent of the gross receipts depending upon the amount. This agreement was executed on January 5, 1987, and was to take effect only upon the satisfaction of certain contingencies, including Osprey’s execution of a contract with the Navy and “approval of the agreement and its terms by the State of Oregon, acting for and on behalf of the United States Government.” See Pl. Mem. at 10-11.

During the negotiation of the Charter, Oregon’s Manager of Surplus Property submitted a draft of the Agreement both to Oregon’s Department of Justice and to GSA. In a memorandum dated December 23, 1986, a GSA counsel opined to the Director of GSA’s Property Management Division that the Charter was “legally insufficient” because a clear “public purpose” was not specified. Newport and Osprey responded by drafting a “Statement of Public Purpose Supplement,” in which, according to plaintiff, they “described in detail” the economic and educational benefits that would be provided by the Charter. The Charter and this supplement were approved by Oregon on July 10, 1987. Meanwhile, on or about June 19, 1987, Oregon executed a Vessel Conditional Transfer Document (1987 VCTD) to transfer possession of PTF-26 to Newport with the condition that the latter would use the vessel according to the Statement of Public Purpose Supplement — i.e. the performance of the Navy contract.

On July 13, 1987, Oregon forwarded a copy of the signed Charter and supplement to GSA, along with a request for GSA’s “expeditious review and approval” of the plan. No response was made to this letter by GSA, and the government contends that no GSA approval was ever given. Plaintiff, on the other hand, claims that there is no evidence that GSA ever objected to these documents. In addition, plaintiff points to the finalization of the Charter on August 18, 1987. This finalization involved the signing by Newport, Osprey, and Oregon of an amendment which recited that all of the aforementioned contingencies, including Oregon’s approval on behalf of the United States, “are now satisfied.”

Newport, Osprey, and the Navy proceeded with the transactions. The Navy issued a “Confirming Order” to Osprey and Newport on June 23, 1987, directing them to furnish a completely equipped vessel in a fully operational status for 30 days commencing August 7, 1987.

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Cite This Page — Counsel Stack

Bluebook (online)
41 Fed. Cl. 150, 1998 U.S. Claims LEXIS 123, 1998 WL 313519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osprey-pacific-corp-v-united-states-uscfc-1998.