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John R. Sand & Gravel Company v. United States

Docket No.: 06-1164
Certiorari Granted: 5/29/2007
Argued: November 6, 2007
Decided: January 8, 2008

PartyNames: JOHN R. SAND & GRAVEL CO. v. UNITED STATES
Petitioner: John R. Sand & Gravel Company
Respondent: United States

Court Below: United States Court of Appeals for the Federal Circuit

John R. Sand & Gravel Company
v.
United States
552 U.S. 130 (2008)
Background:

The statute of limitations in the Tucker Act, 28 U.S.C. ยง2501, provides: "Every claim of which the United States Court of Federal Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues."

Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION

Question Presented:

1. Whether the statute of limitations in the Tucker Act limits the subject matter jurisdiction of the Court of Federal Claims. 2. Whether a claim for a permanent physical taking of a portion of real property first accrues upon the government's temporary exclusion of the property holder from another portion of the property.

Question:

Is the six-year statute of limitations in the Tucker Act a jurisdictional requirement?

Holding: affirmed
Vote: 7-2
Opinion By:
Read JOHN R. SAND & GRAVEL COMPANY V. UNITED STATES opinion (PDF)

Other Resources for John R. Sand & Gravel Company v. United States:
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