Supreme Court Rules in Favor of Small Business Property Owners in Wilkins v. U.S.

March 28, 2023

Supreme Court Rules in Favor of Small Business Property Owners in Wilkins v. U.S.

WASHINGTON, D.C. (March 28, 2023) – NFIB commends today’s U.S. Supreme Court decision in the case Wilkins v. United States. The Court ruled that the Quiet Title Act’s statute of limitations did not meet the standard to be jurisdictional and reversed the lower court’s decision. “Small business property owners will greatly benefit from today’s Supreme Court decision,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “The Court reinforced the importance of property rights and the balance between the government and property owners. We are encouraged by today’s decision.” The case questioned whether the Quiet Title Act’s statute of limitations is a jurisdictional requirement or a claim-processing rule. If a jurisdictional requirement, courts would not be able to hear cases brought by small business property owners against the government after the 12-year statute of limitations expired. NFIB filed an amicus brief in the case arguing that the Act’s statute of limitations did not meet the high bar to be jurisdictional, and was instead, a claim-processing rule. Because the Supreme Court agreed, small business property owners can still have their day in court, even if they file after the 12-year statute of limitations. 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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