Legal Definitions - Tucker Act

The Tucker Act is a federal law passed in 1887 that allows individuals and businesses to sue the United States government in specific circumstances, primarily for monetary claims. Generally, the government is protected by a legal principle called sovereign immunity, which means it cannot be sued without its consent. The Tucker Act represents a significant waiver of this immunity, opening the door for certain types of lawsuits.

Specifically, the Tucker Act permits claims against the federal government that involve:

• Contracts: Disputes arising from an express or implied contract with the government.
• Constitutional violations: Claims based on the U.S. Constitution, such as when the government takes private property for public use without providing fair compensation (known as a "takings claim" under the Fifth Amendment).
• Federal statutes or regulations: Claims based on a federal law or rule that entitles the claimant to money from the government.
• Return of money: Claims where a plaintiff seeks the return of money they mistakenly paid to the government, or asserts they are entitled to payment from the government.

It is crucial to note that the Tucker Act generally does not cover claims for wrongful injury or damage (known as "tort" claims), which are typically handled under a different law called the Federal Tort Claims Act. Most cases brought under the Tucker Act are heard in the United States Court of Federal Claims.

• Example 1: Government Contract Dispute

  A small engineering firm wins a federal contract to design a new wastewater treatment system for a military base. After completing a significant portion of the work according to the contract specifications, the government suddenly terminates the contract without cause and refuses to pay for the work already performed. The engineering firm could file a lawsuit under the Tucker Act to recover the money owed for their services and any damages resulting from the breach of contract.

  How it illustrates the Tucker Act: This scenario involves a direct contractual claim against the federal government, which is one of the primary types of cases allowed under the Tucker Act. Without this Act, the firm would likely be unable to sue the government for the unpaid contract amount due to sovereign immunity.

• Example 2: Fifth Amendment "Takings" Claim

  A homeowner owns a piece of land adjacent to a national park. The federal government decides to expand the park and, through an official declaration, designates a portion of the homeowner's property as part of the park's protected wetlands, effectively preventing the homeowner from building on or developing that section of their land. The government offers a minimal amount of compensation, which the homeowner believes is far below the fair market value of the restricted property. The homeowner could sue the government under the Tucker Act, arguing that their property has been "taken" for public use without "just compensation," as required by the Fifth Amendment of the U.S. Constitution.

  How it illustrates the Tucker Act: This example demonstrates a claim arising directly from the Constitution (the Fifth Amendment's Takings Clause). The Tucker Act provides the legal pathway for individuals to seek monetary compensation from the government when their constitutional rights related to property are allegedly violated in this manner.

• Example 3: Overpayment of Federal Fees

  A manufacturing company mistakenly calculates its annual federal excise tax liability and overpays the Internal Revenue Service (IRS) by a substantial amount. After discovering the error, the company files for a refund, but the IRS denies the claim, citing an incorrect interpretation of the tax code. The manufacturing company could then sue the government under the Tucker Act to recover the overpaid taxes.

  How it illustrates the Tucker Act: This situation falls under the category of non-contractual claims where a plaintiff seeks the return of money paid to the government. The Tucker Act allows the company to pursue a lawsuit to reclaim funds they believe were wrongfully retained by a federal agency.