Taking: the relevant question is whether a federal
court has jurisdiction to adjudicate a takings defense raised by a handler seeking
review of a final agency order.
The Government’s claim that petitioners’ takings-based
defense was rightly dismissed on ripeness grounds is unpersuasive, and its
reliance on Williamson County Regional Planning Comm’n v. Hamilton
Bank of Johnson City, 473 U. S. 172, is misplaced. There, a plaintiff ’s
claim that a zoning decision effected a taking without just compensation was
not ripe. But the claim failed because the plaintiff could not show that it had
been injured by the Government’s action when there had been no final decision.
Here, petitioners were subject to a final agency order imposing concrete fines
and penalties. The takings claim in Williamson County was also not yet
ripe because the plaintiff had not sought “compensation through the procedures provided
by the State.” Id., at 194. The Government argues that petitioners’
takings claim is premature because the Tucker Act affords a remedy, but, in
fact, the AMAA provides a comprehensive remedial scheme that withdraws Tucker
Act jurisdiction over a handler’s takings claim. As a result, there is no
alternative remedy (U.S. S. Ct., 10.06.2013, Horne v. Department of
Agriculture, J. Thomas, unanimous).
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