H.R. 992 would permit private property owners to fully recover from a taking in either court by amending the Tucker Act. H.R. 992 gives both the district courts and the Court of Federal Claims concurrent jurisdiction to hear all of the claims relating to a Fifth Amendment taking. In essence, we have stripped away the confusion, delays and the procedural issues that may make it difficult for a property owner to have their case heard. H.R. 992 also addresses the issues revolving around section 1500 of the Tucker Act. Section 1500 denies the Federal Court of Claims jurisdiction to entertain a suit pending in another court brought by the same plaintiff. This makes the filing of the Fifth Amendment takings case more complex and costly. The Tucker Shuffle Relief Act clarifies the law to state that either the district court or the Federal claims court can have jurisdiction, ending this ambiguity in the law.
Editor's note · Context
Discussing the implications of H.R. 992 on property owners' rights regarding Fifth Amendment takings.
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