Torts Commons^™

Property Damage Claims Against The Customs Service: Are There Adequate Remedies?, Ronald L. Cornell Jr.

Vanderbilt Journal of Transnational Law

This Note explores the availability of adequate property damage remedies following the United States Supreme Court's decision in Kosak v.United States, denying property owners the right to recover under the Federal Tort Claims Act (FTCA)." The Note also proposes several alternative remedies, including judicial adjustments to claims brought under the Tucker Act' and fifth amendment "takings" clause,, tort claims against individual customs officials, and legislative adjustments to the administrative settlement process under the Small Claims Act." Part II of this Note traces the judicial treatment of property damage claims brought against the United States Government under the FTCA, as well …