Navajo Nation v. United States

Federal Circuit Decision underscores importance of timely takings claim


In 1980, Congress codified a mutual consent requirement imposed by the Interior Department's Commissioner of Indian Affairs on development proposals for certain areas of two Tribe's land--the Hope Tribe and the Navajo Nation. Under this mutual consent requirement, referred to as the Bennett Freeze requirement, neither tribe can develop projects within the regions covered by the requirement. In 1988, the Navajo Tribe brought a takings challenge to the Bennett Freeze requirement but the trial court denied the claim. On appeal, the Federal Circuit held that the takings claim was untimely, and that the last date that a takings claim could have acrrued was when the Bennett Freeze was codified in 1980.

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Reference Info:Decision | Federal, Federal Circuit, Claims Court | United States

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