Federal Circuit rules Navajo Nation waited too long to file lawsuit

Tuesday, January 11, 2011  

The Navajo Nation waited too long to file a lawsuit against the United States, the Federal Circuit Court of Appeals ruled on Monday.

The tribe accused the federal government of taking its land without compensation in violation of the Fifth Amendment of the U.S. Constitution. The land at issue was known as the Bennett Freeze, an area where development was barred by Congress in 1980 as part of a long-running dispute with the Hopi Tribe.

The 1980 law started the clock on a potential lawsuit, the Federal Circuit said in a unanimous decision. Since the tribe waited until 1988 to file a claim, the six-year statue of limitations expired, the court determined.

"The 1980 Amendment was a final congressional directive prohibit-ing the Navajo Nation from developing land within the Bennett Freeze area without Hopi Tribe approval," the court said.

"The latest date, therefore, that any takings claim could have accrued was July 8, 1980," the court added.

The Navajo Nation and the Hopi Tribe, along with the federal government, completely resolved the Bennett Freeze issues in 2006. President Barack Obama signed S.39, a bill that repeated the 1980 law, in May 2009.

Federal Circuit Decision:
Navajo Nation v. US (January 10, 2011)