Key Takeaways

  • The Tucker Act, 28 U.S.C. § 1491, allows claims against the U.S. government for monetary damages based on the Constitution, statutes, regulations, or contracts.
  • It does not itself create a right to money; a plaintiff must show a “money-mandating” source of law.
  • Jurisdiction depends on the type and size of the claim: the U.S. Court of Federal Claims generally hears claims over $10,000.
  • The Act distinguishes between takings claims under the Fifth Amendment, contract disputes, and statutory claims.
  • Tucker Act claims can overlap with Administrative Procedure Act (APA) claims, but they must be carefully distinguished to avoid jurisdictional dismissal.
  • Certain claims, including those sounding in tort, are excluded.

TUCKER ACT

The Tucker Act, 28 U.S.C. S 1491, grants the U.S. Claims Court " `jurisdiction to render judgment upon any claim against the United States founded . . . upon the Constitution.' " Monsanto, 467 U.S. at 1017 (citing 28 U.S.C. S 1491). Thus, a Tucker Act taking claim is a claim for the just compensation required by the Fifth Amendment.

The Tucker Act, 28 U.S.C. S 1491, provides in relevant part: The United States Claims Court shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.

Scope of Tucker Act Jurisdiction

The Tucker Act provides broad—but not unlimited—jurisdiction for suits seeking money damages from the federal government. Claims may be based on:

  • The U.S. Constitution (most notably, Fifth Amendment takings claims).
  • Acts of Congress that can fairly be interpreted as mandating compensation.
  • Executive regulations with similar money-mandating provisions.
  • Express or implied contracts with the federal government.

Importantly, the Tucker Act does not authorize tort claims such as negligence or personal injury. Instead, it focuses on monetary claims where Congress has waived sovereign immunity.

Tucker Act and the Court of Federal Claims

Jurisdiction under the Tucker Act is primarily exercised by the U.S. Court of Federal Claims, which hears cases seeking damages over $10,000. For claims of $10,000 or less, concurrent jurisdiction exists with U.S. district courts under the “Little Tucker Act.” This division ensures both small and large claims against the government can be addressed in the appropriate forum.

Money-Mandating Requirement

The Tucker Act itself does not guarantee payment. Instead, plaintiffs must identify a “money-mandating” source of law—such as a specific statute, regulation, or contract—that entitles them to compensation. Without such a basis, the Court of Federal Claims will lack jurisdiction, even if the dispute involves federal action. Courts carefully examine whether the legal foundation invoked truly obligates the government to pay money damages.

Takings Claims under the Fifth Amendment

One of the most recognized applications of the Tucker Act is for takings claims under the Fifth Amendment. Property owners may sue for just compensation when government action results in a physical taking or regulatory taking of private property. These claims are exclusively monetary and must be brought in the Court of Federal Claims unless they fall under the monetary threshold of the Little Tucker Act.

Tucker Act vs. APA Claims

Tucker Act cases sometimes intersect with the Administrative Procedure Act (APA). The APA permits judicial review of federal agency actions, often for declaratory or injunctive relief, while the Tucker Act focuses on money damages. Courts scrutinize whether a plaintiff’s claim is truly about compensation (Tucker Act) or about challenging agency actions (APA). Mislabeling a Tucker Act claim as an APA claim—or vice versa—can lead to dismissal for lack of jurisdiction.

Exclusions and Limitations

Not all disputes against the government can proceed under the Tucker Act. Claims sounding in tort, such as fraud or negligence, fall outside its jurisdiction. Additionally, claims for equitable relief, unless ancillary to a money judgment, are generally excluded. Congress has also created special statutes for particular areas, such as tax refunds, which operate alongside or outside the Tucker Act framework.

Frequently Asked Questions

  1. What types of claims fall under the Tucker Act?
    Claims for monetary damages based on contracts, statutes, regulations, or the Constitution, particularly takings claims, are covered.
  2. What is the difference between the Tucker Act and the Little Tucker Act?
    The Tucker Act applies to claims over $10,000 in the Court of Federal Claims, while the Little Tucker Act allows smaller claims ($10,000 or less) in district courts.
  3. Can you bring a tort claim under the Tucker Act?
    No. Tort claims, such as negligence, must be brought under other statutes like the Federal Tort Claims Act, not the Tucker Act.
  4. Why is the “money-mandating” requirement important?
    Because the Tucker Act does not itself create a right to damages, plaintiffs must point to another law or contract that obligates the government to pay.
  5. How do Tucker Act claims differ from APA claims?
    Tucker Act claims seek money damages, while APA claims usually challenge agency actions for declaratory or injunctive relief.

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