Mineral Servitudes: Imprescriptible Mineral Rights; Louisiana Constitutional Law: Regulatory Takings; Breach of Contract Limitations of Action

摘要

For a complete summary of the facts see the case summary at 178 O.&G.R. 245. In this iteration of the case, the United States files a motion for reconsideration of the court's earlier decision not to bar the judicial takings claim under Section 1500. Petro-Hunt, LLC v. United States, 105 Fed. Cl. 37, 178 O.&G.R. 278 (2012). The court's original decision is based on its treatment of the judicial takings claim as a supplemental complaint and, therefore, is not subsumed within the original claim, which would bring it under section 1500. The United States argues that a supervening case, Central Pines Land Co., LLC v. United States, 697 F3d 1360 (Fed. Cir. 2012), rejected the court's distinction between original and supplemental claims. The court, however, believes that there are factual and other differences between this case and Central Pines, so it denies the United States's motion for reconsideration.