United States Court of Federal Claims October 2, 2012, No. 12-183L (Chapman v. United States)

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

This ease is before the court on defendant’s motion to dismiss pursuant to RCFC 12(b)(6), for failure to state a claim upon which relief can be granted. The issue for decision is whether the United States Government has taken property within the contemplation of the Fifth Amendment to the *48U.S.