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Atamirzayeva v. United States

The Federal Circuit affirmed a decision of the U.S. Court of Federal Claims denying the plaintiff-appellant's claim for compensation under the Fifth Amendment for the alleged taking of property she owned in Uzbekistan. The plaintiff, a citizen of Uzbekistan, alleged that she had been the sole owner of a cafeteria located on property next to the U.S. Embassy in Tashkent, and that local authorities demolished the building in response to a verbal demand from U.S. Embassy officials that the cafeteria be destroyed to increase the security of the U.S. Embassy. The court agreed with the trial court's ruling that the plaintiff-appellant did not plead any connection to the United States that would entitle her to relief under the Fifth Amendment's takings clause.

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Published opinion

Before MAYER, BRYSON, and GAJARSA, Circuit Judges.

Zoya Atamirzayeva filed a claim in the Court of Federal Claims seeking compensation under the Fifth Amendment to the U.S. Constitution for an alleged taking of property she owned in Uzbekistan. The Court of Federal Claims dismissed Ms. Atamirzayeva’s claim on the pleadings because she did not plead any connection to the United States that would entitle her to relief under the Fifth Amendment’s Takings Clause. Ms. Atamirzayeva appeals on the ground that the Fifth Amendment does not require a person deprived of property to have any connection to the United States in order to be entitled to just compensation for a taking that is attributable to the U.S. government. We affirm.

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