Co-Op Has No Capacity to Sue for Alleged Taking

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Identifying a protected property right is critical in takings litigation in the U.S. Court of Federal Claims—but it is rare for a case to turn on the identity of the plaintiff, rather than the identity of the property. In the recent case of International Federation of Professional and Technical Engineers v. United States, the CFC held that the plaintiffs could not identify any property that was taken, and even if they had, it seems that they were the wrong plaintiffs to sue for that taking.

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