No. 25-1412October Term 2025Petition PendingUpdated Sep 2, 2026
Tindall v. United States
James Tindall, Petitioner v. United States
James Tindall asks the Supreme Court to review lower-court rulings rejecting his claims that the United States’ continued possession, control, and use of his property require just compensation under the Fifth Amendment.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Next
- Awaiting an order on the petitionNo decision timeline until the Court agrees to hear the case.
- What it's about
James Tindall asks the Supreme Court to review lower-court rulings rejecting his claims that the United States’ continued possession, control, and use of his property require just compensation under the Fifth Amendment. He also challenges the lower courts’ use of claim-preclusion rules and their handling of jurisdiction, property interests, an alleged implied contract, and due process.
Question presented
1. Whether Respondent’s multi-year possession, control and use of Petitioner’s property is a taking sufficient to trigger the payment of “just compensation”, as required by the 5th Amendment to the U.S. Constitution? 2. Whether the lower courts properly applied the doctrines of res judicata and claim preclusion when they ignored the two different and non-overlapping sets of transactional facts as clearly identified in Petitioner’s Amended 2025 Complaint (the first set of facts ending on September 12, 2023, and the second set of facts beginning on September 13, 2023) when determining if the lower court has subject matter jurisdiction under 28 U.S.C. 1491(a)(1)? 3. Whether the lower courts properly applied the doctrines of res judicata and claim preclusion when both of the lower courts failed to correctly identify Petitioner’s property interests taken by Respondent, failed to identify when Petitioner’s property interests were taken and continue to be taken by Respondent and failed to identify when Respondent continues to breach the implied contract between the parties, which are necessary predicates to the legal conclusions reached by the lower courts? 4. Whether the lower courts properly applied Due Process, as required by the Amendment to the U.S. Constitution, when they failed to even identify the standard to be applied?
- Case path
United States Court of Appeals for the Federal Circuit / Petition pending
- Area
Business and Regulation
Briefing
What it's about
James Tindall asks the Supreme Court to review his claim that the United States' multi-year possession, control, and use of his property required payment of just compensation under the Fifth Amendment. He also challenges the lower courts' use of res judicata (a rule barring claims already litigated), claim preclusion (a similar bar), and due process.
Argument
A petition for certiorari (the Court's decision whether to hear a case) has been filed, and oral argument has not been scheduled. Tindall argues that the lower courts wrongly treated two periods of alleged conduct as the same claim.
Impact
The case could affect property owners who say the federal government has used or controlled their property without paying them. For example, it could shape whether claims based on later events can proceed after earlier litigation involving the same property.
What's next
The Court's next move could be to schedule the case for further consideration or take another scheduling action. No decision window is available yet.
What is at stake in Tindall v. United States?
Tindall seeks review of whether alleged federal possession and use of his property requires just compensation under the Fifth Amendment.
How could this case affect property owners?
It could affect owners who claim the federal government used their property without payment and whose later claims were blocked by earlier litigation.
When will the Supreme Court act in Tindall v. United States?
No argument date or decision window has been set. The next step is a Court scheduling or review decision.
Documents
Activity
Docket activity2
AI analysis generated: Case Briefing
Sep 2, 2026 | Generated
Brief added: Petition
Jun 18, 2026 | Court records
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Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 2, 2026
- Method
- Methodology