Believing there was a public right-of-way across
Letica's private property, a local government physically invaded that property, removed a berm with
heavy equipment, and eliminated Letica's right to exclude the public for well over three years. Eventually,
the Montana Supreme Court concluded there was no
public right-of-way, but rejected Letica's takings claim,
reasoning that this Court's decision in Langford v.
United States, 101 U.S. 341 (1879), forecloses a takings
claim when the government's actions are under a mistaken "claim of right."

The question presented is:

Whether the Montana Supreme Court is correct
that the government can avoid Fifth Amendment liability when it continually physically invaded and damaged private property for a period of years merely
because it wrongly believed that it had a right to use
the property.

Whether the Montana Supreme Court erred in holding that the government can avoid Fifth Amendment liability when it continually physically invaded and damaged private property for a period of years merely because it wrongly believed that it had a right to use the property