Schultz v. United States

5 Cl. Ct. 412, 1984 U.S. Claims LEXIS 1401
CourtUnited States Court of Claims
DecidedMay 31, 1984
DocketNo. 517-82L
StatusPublished
Cited by11 cases

This text of 5 Cl. Ct. 412 (Schultz 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
Schultz v. United States, 5 Cl. Ct. 412, 1984 U.S. Claims LEXIS 1401 (cc 1984).

Opinion

OPINION

SETO, Judge:

In this inverse condemnation action, plaintiff seeks recovery, based on the Fifth Amendment of the United States Constitution, for a taking of his properly, and asserts that the passage of the Wild and Scenic Rivers Act, 16 U.S.C. §§ 1271-1287, in 1968, effected a taking of his property. Moreover, plaintiff contends that repeated and continuous acts by various government officials have been so incompatible with plaintiff’s recognized rights of ownership that a compensable taking has occurred.

Defendant has moved pursuant to RUSCC 12(c) for judgment on the pleadings, asserting that: (1) to the extent plaintiff’s property was taken, if at all, by the passage of the Act plaintiff’s claim is time-barred under 28 U.S.C. § 2401; and (2) plaintiff has failed to plead facts sufficient to show that governmental actions have substantially interfered with plaintiff’s use and enjoyment of his property, and the complaint therefore fails to state a claim for which relief can be granted.

FACTS

Plaintiff, Harold C. Schultz, owns a tract of land near the St. Croix River in Cable, Wisconsin. In 1968, Congress enacted the [414]*414Wild and Scenic Rivers Act1 (16 U.S.C. §§ 1271 et seq.) (“Act”) primarily to protect “certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic ... or other similar values ... for the benefit and enjoyment of present and future generations.”2 Congress empowered both the Secretary of the Interior and the Secretary of Agriculture to acquire certain interests in land located within the scenic rivers system, subject to the area and percentage limitations prescribed by § 1277 of the Act.3 Their decision to acquire such land by eminent domain was otherwise wholly discretionary.

Administrative features embodied in § 1281 of the Act restricted public use and enjoyment of “components” of the national wild and scenic rivers system so as to “protect and enhance the values” that led to each component’s inclusion within the system. Although the designated Secretaries were delegated broad authority to protect these scenic portions of the nation4, Congress included a specific provision directing that private property owned within any designated component of the system could be used in any manner unless it “substantially interfere[d] with the public use and enjoyment” of its Congressionally recognized values.5

Both parties agree that the Wild and Scenic Rivers Act became effective on October 2, 1968. It is also undisputed that plaintiff’s property, which is situated adjacent to the Namekagon River, became subject to the Act’s provisions as an “adjacent land” of a “component” river under section 1274(a)(6) of the Act.

On March 22, 1984, the court, ex proprio motu, ordered oral arguments on defendant’s motion for judgment on the pleadings in order to crystallize and streamline the material issues in the case. During oral arguments heard on April 4, 1984, plaintiff conceded that the passage of the Act, in and of itself, did not effect a taking of plaintiff’s property.6 Plaintiff’s sole remaining contention is that repeated and continuous acts by various government officials, when viewed in conjunction with Act, constitute a taking of an interest in plaintiff’s property for which an inverse condemnation action is proper under the fifth amendment.

Factual allegations contained in plaintiff’s amended complaint that are relevant to Count II are as follows: (1) on January 11, 1982, plaintiff telephoned the Realty Specialist, United States Department of the Interior, National Park Service, St. Croix National Scenic Riverway Land Acquisition Office, in an attempt to sell his land to the government; (2) on February 23, 1982, the acting Land Acquisition Officer sent written notification to plaintiff stating that acquisition funds were unavailable, and any further negotiations depended on funding for fiscal year 1983; (3) plaintiff and defendant have been unsuccessful in consummating a purchase agreement for Tract 03-210; and (4) that “repeated and continuous administrative actions of park service officials” had effectively taken plaintiff’s property.7

[415]*415During oral arguments on defendant’s motion for judgment on the pleadings, plaintiff presented matters outside the pleadings, including various assertions from both his pre-trial submission and answers to defendant’s interrogatories. Based on these matters outside the pleadings, plaintiff described a series of allegedly adverse governmental actions that began in or about 1971 and continued through the filing of the instant suit. Those asserted acts included: (1) repeated trespasses and visits by government officials onto plaintiff’s property; (2) failure and/or refusal of government officials to purchase plaintiff’s property; (3) governmental refusal to delineate the boundaries of plaintiff’s property when it existed as two separately numbered parcels; (4) numerous written letters and oral statements from government officials indicating that the property was going to be condemned in fee, or as to a scenic easement, that induced plaintiff to abandon development plans; and (5) that the cumulative effect of all these governmental actions referred to in (1) — (4) rendered the property unmarketable.

Plaintiff, therefore, maintains that the foregoing acts by various government officials, when viewed in light of the Act, created an interference so incompatible with plaintiff's rights of ownership that payment of just compensation is appropriate. Defendant, adversatively, avers that plaintiff’s mere conclusory allegations, contained in his amended complaint as Count II, fail to state a claim because all the governmental acts complained of could not constitute a compensable taking as a matter of law.

DISCUSSION
The Fifth Amendment’s guarantee that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.

E-Systems v. United States, 2 Cl.Ct. 271, 275 (1983) (citing Armstrong v. United States, 364 U.S. 40, 49, 80 S.Ct. 1563, 1569, 4 L.Ed.2d 1554 (1960)). An action for inverse condemnation arises under the fifth amendment’s requirement for payment of just compensation when acts of the government are not formally labeled eminent domain, but have “the effect of such exercise.” See Yuba Goldfields, Inc. v. United States, 723 F.2d 884, 887 (Fed.Cir.1983); see also Eyherabide v. United States, 345 F.2d 565, 170 Ct.Cl. 598 (1965), and cases cited therein.

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Bluebook (online)
5 Cl. Ct. 412, 1984 U.S. Claims LEXIS 1401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-united-states-cc-1984.