context: Even though the United States consented to relinquish its interest by delivering a quitclaim deed to the Sheldens so that the Sheldens eventually held clear title after the foreclosure, this event does not affect whether the original forfeiture judgment constituted a taking. The authorities are clear that forfeiture of mortgaged property results in a taking from the mortgage holder at the time of forfeiture, when title is transferred to the United States.
citation_a.signal: no signal
citation_a.identifier: 364 U.S. 46, 46
citation_a.parenthetical: "After transfer to the United States the liens ... could not be enforced because of the sovereign immunity of the Government and its property from suit."
citation_a.sentence: Armstrong, 364 U.S. at 46, 80 S.Ct. at 1567 ("After transfer to the United States the liens ... could not be enforced because of the sovereign immunity of the Government and its property from suit.”); Metmor, 819 F.2d at 450 (just compensation defined as “fair market value of property on the date it is appropriated ... the date of the transfer of title”). The United States owed just compensation to the Sheldens, defined as the fair market value of their property interest on the effective date of the forfeiture judgment.
citation_b.signal: see
citation_b.identifier: 915 F.2d 1543, 1543
citation_b.parenthetical: "Fair market value under the Fifth Amendment is normally ascertained at the date ... of the taking."
citation_b.sentence: See Yancey, 915 F.2d at 1543 (“Fair market value under the Fifth Amendment is normally ascertained at the date ... of the taking.”) (citing Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 14, 104 S.Ct. 2187, 2196, 81 L.Ed.2d 1 (1984)). By relinquishing its interest in the Moraga property, the United States only partially compensated the Shel-dens.