Footnotes

1009 E.g, Ga.-Pac. Corp. v. United States, 640 F.2d 328, 345-46 (Ct. Cl. 1980) (per curiam); 2,175.86 Acres in Hardin & Jefferson, 687 F. Supp. at 1085-87.1010 E.g., Scott Lumber Co. v. United States, 390 F.2d 388, 395-96 (9th Cir. 1968); see also United States v. 320 Acres of Land, 605 F.2d 762, 818-19 & n.

1012 Ark. Game & Fish Comm’n v. United States, 133 S. Ct. 511, 522 (2012) (noting that bearing of Arkansas water-rights law on whether taking occurred should be addressed on remand).1013 See, e.g., United States v. 320 Acres of Land, 605 F.2d 762, 818-19 & n.128 (5th Cir. 1979) (legal framework affecting uses of property must be taken into account). Note that this is not an exception to the rule that federal, not state, law controls. Scott Lumber Co., 390 F.2d at 395-96 (rejecting valuation based on proposed highest and best use that violated state law); see Section 4.1.

1011 E.g., Wilson v. United States, 350 F.2d 901, 908 (10th Cir. 1965) (rejecting proposed use of hay production through projected irrigation installations because of “question[able] feasibility of the development of some of the lands for which water rights were pending”) (citing Olson v. United States, 292 U.S. 246, 255 (1934)); see United States v. 46,672.96 Acres in Doña Ana Ctys., 521 F.2d 13, 14-15 (10th Cir. 1975) (noting evidence that value of properties with potential uses of grazing purposes, rural homesites, recreational sites or roadside businesses “depend[ed] on availability of water and roads”).1012 Ark. Game & Fish Comm’n v. United States, 133 S. Ct. 511, 522 (2012) (noting that bearing of Arkansas water-rights law on whether taking occurred should…

1016 See United States v. Clarke, 445 U.S. 253, 255 (1980).1017 The United States can also concede liability as appropriate. E.g., Otay Mesa Property, L.P. v. United States (Otay Mesa III), 779 F.3d 1315 (Fed.

1015 The U.S. Court of Federal Claims has exclusive jurisdiction over inverse takings claims exceeding $10,000 under the Tucker Act. 28 U.S.C.§ 1491. Federal district courts have concurrent jurisdiction for claims for $10,000 or less. 28 U.S.C. § 1346(a)(2) (the “Little Tucker Act”). These statutes waive sovereign immunity, allowing the United States to be sued, in recognition of the fact that unintended takings may occur despite federal agencies’ efforts to avoid them. Cf. Uniform Act, 42 U.S.C. § 4651(8) (“No Federal agency head shall intentionally make

1023 43 U.S.C. §§ 1701-1785 (2012).1024 43 U.S.C. § 1716.

1025 See, e.g., Mt. St. Helens National Volcanic Monument Act, Pub. L. No. 97-243, 96 Stat. 301 (1982), 16 U.S.C. § 431 note (1982) (repealed 2014).Federal land exchanges are subject to the same valuation requirements as other types of federal acquisitions. In fact, federal regulations specifically require appraisals in many federal land exchanges to comply with these Standards. 1026 But special legal instructionsmay be necessary due to statutory or regulatory requirements for land exchanges. Special rules commonly dictate the larger parcel determination, reflecting federal statutes and agency regulations. 1027 The appraiser must also obtain instructions regarding the appropriate date of valuation, 1028 which may be negotiated by the parties involved in the exchange in accordance with agency regulations 1029 or…

1010 E.g., Scott Lumber Co. v. United States, 390 F.2d 388, 395-96 (9th Cir. 1968); see also United States v. 320 Acres of Land, 605 F.2d 762, 818-19 & n.128 (5th Cir. 1979) (legal framework affecting uses of property must be taken into account).

1024 43 U.S.C. § 1716.1025 See, e.g., Mt. St. Helens National Volcanic Monument Act, Pub. L. No. 97-243, 96 Stat. 301 (1982), 16 U.S.C. § 431 note (1982) (repealed 2014).

1026 See, e.g., NPCA v. BLM, 606 F.3d at 1066 (citing 43 C.F.R. § 2201.3).1027 See Section 4.3.3.