Does the Tucker Act's statute of limitations for a regulatory takings claim accrue when the Government makes a final decision, or when the plaintiffs property rights are actually injured-in-fact as a result of that decision?

QUESTION PRESENTED The Federal Circuit concluded that “[i]n the case of a regulatory taking, ... the taking may occur before the effect of the regulatory action is felt.” It held that the Government’s “final decision”—its submission of a proposed order to the bankruptcy court for approval— was an actionable taking. Consequently, the statute of limitations clock started ticking even “before . . . the actual damage to the property interest [was] entirely determinable.” The question presented is: Does the Tucker Act’s statute of limitations for a regulatory takings claim accrue when the Government makes a final decision, or when the plaintiffs property rights are actually injured-in-fact as a result of that decision?