NFIB Argues for Property Owners’ Rights in Supreme Court Amicus Brief

Date: August 11, 2022

Wilkins v. U.S. concerns the Quiet Title Act’s statute of limitations

WASHINGTON, D.C. (Aug. 11, 2022)NFIB filed an amicus brief in the case Wilkins v. United States at the U.S. Supreme Court. The case concerns whether the Quiet Title Act’s statute of limitations is a jurisdictional requirement or a claim-processing rule. NFIB argues the Act’s statute of limitations does not meet the Court’s high bar to be jurisdictional.

“This case will impact property owners nationwide, including small business property owners,” said Beth Milito, NFIB Senior Executive Counsel. “With property ownership comes several distinct rights, which this case threatens to curtail. Small businesses in particular are at a disadvantage in property disputes against the government. NFIB urges the Supreme Court to reverse the lower court’s decision.”

NFIB’s brief argues three main points: 1) the text of the Quiet Title Act’s statute of limitations does not meet the high bar to be jurisdictional, 2) the Court’s recent jurisprudence overwhelmingly leads to the conclusion that the Quiet Title Act’s statute of limitations is an ordinary nonjurisdictional claim-processing rule, and 3) the Court should reinforce the importance of property rights, and in cases between the government and private property owners, courts should consider rendering close calls in favor of the private property owner.

NFIB filed the amicus brief with the Cato Institute, Goldwater Institute, and Texas Public Policy Foundation.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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