No approval, no lease, no claim

The plaintiffs’ takings claim failed in Treme v. St. John the Baptist Parish Council, when the relevant mineral lease was “for a period of Three (3) years from the date Lessee procures approval to commence operations frm local, state and federal authorities, as needed ….”  The requirement of government approvals created a “suspensive condition” to the lease’s effectiveness, and “[b]ecuase they have not been obtained, the district court was correct in determining that the lease had not yet become effective.” No. 23-30084 (Feb. 16, 2024).