• Jennifer Heywood

U.S. Supreme Court Holds Government May Be Liable for Unconstitutional Takings Arising from Temporar

This week, the Supreme Court held that the U.S. Government could be found liable for unconstitutional takings attributable to temporary flooding resulting from federal reservoir operations. See Arkansas Game and Fish Commission v. United States (Decided December 4, 2012). The Army Corps of Engineers (Corps) operates a dam that temporarily flooded land owned by the Commission. The Commission sued, alleging the temporary flooding constituted a taking of property that entitled the Commission to compensation. The Court found temporary Government-induced flooding was not exempt from Takings Clause review. The Court affirmed prior rulings that government-induced flooding and seasonally recurring flooding can constitute takings and that takings temporary in duration can be compensable. The Government had urged the Court to establish a definitive rule that there could be no temporary taking caused by floods. The Court found no basis for distinguishing flooding from other government intrusions on property, potentially opening up the United States (and other governmental and quasi-governmental entities) to taking claims for comparable water management activities.

1 view0 comments

Recent Posts

See All

BWJ Conducts COVID-19 Seminar

A seminar on Families First Coronavirus Response Act and CARES Act was held on April 1 by Blankenau Wilmoth Jarecke LLP. Here is a link to the webinar

The Trump Administration New Definition for WOTUS

In the latest chapter of a decades-long fight, the Environmental Protection Agency (EPA) on April 15 ended its period for comment on a much-anticipated new rule to define “waters of the United States”

Phone: 402-475-7080

Please note that the materials contained within this web site have been prepared by Blankenau Wilmoth Jarecke LLP for informational purposes only so that site visitors may learn more about the firm, the services it provides, the background of its attorneys, and recent news and developments in the law. These materials do not constitute, and should not be considered, legal advice, and you are urged to consult with an attorney on your own specific legal matters. Transmission of the information contained in this web site is not intended to create, and receipt by the reader does not constitute, an attorney-client relationship with Blankenau Wilmoth Jarecke llp or any of its individual attorneys.

©2019 by Blankenau Wilmoth Jarecke LLP.