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Acceptance Insurance Companies, Inc. v. United States

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Before RADER, PLAGER, and SCHALL, Circuit Judges.

Acceptance Insurance Companies, Inc. (“Acceptance”) seeks reversal of the decision of the United States Court of Federal Claims that dismissed its claim for a compensable taking under the Fifth Amendment. Acceptance Ins. Cos. v. United States, 84 Fed. Cl. 111 (2008) (“Dismissal Order”). Acceptance brought suit alleging that, when the Risk Management Agency (“RMA”), a component of the Department of Agriculture, declined to approve a proposed sale of certain crop insurance assets to Rain and Hail LLC (“Rain & Hail”), the government rendered those assets valueless and, consequently, effected a categorical taking in violation of the Fifth Amendment.

The Court of Federal Claims dismissed Acceptance’s takings claim pursuant to RCFC 12(b)(6) for two reasons. Id. at 120. First, the court held that Acceptance had not alleged a legally cognizable property interest for purposes of the Fifth Amendment. Id. at 115–17. Second, the court held that, even if there was a legally cognizable property interest, Acceptance’s claim was precluded under the line of cases following the Supreme Court’s decision in Omnia Commercial Co. v. United States, 261 U.S. 502 (1923). See Dismissal Order, 84 Fed. Cl. at 117–20. Because the Court of Federal Claims did not err in holding that Acceptance had failed to allege a legally cognizable property interest for Fifth Amendment purposes, we affirm.

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