- Ag Docket
(plaintiff (farmer) filed Chapter 11 after U.S. Bureau of Indian Affairs (BIA) removed bridge that provided access to farmland that plaintiff leased from Indian Tribe; bankruptcy court found that regulatory taking had occurred and recommended award of over $1 million in damages; district court reversed on basis that plaintiff's claim not ripe for review; appellate court determined that plaintiff's claim was ripe, but that neither bankruptcy court nor district court could hear plaintiff's claim based on sovereign immunity - plaintiff's claim fell within jurisdiction of Tucker Act and Tucker Act's sovereign immunity waiver limited to suits filed in U.S. Court of Federal Claims; even though taking claim related to debtor's bankruptcy case, Tucker Act did not clearly express Government's consent to be sued in district court).
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