Flooding Of Ark. Land Not A Taking, Fed. Circ. Hears
By Brian Mahoney
Law360, Washington (September 6, 2013, 4:02 PM ET) -- The U.S. government on Friday asked the Federal Circuit to reverse a U.S. Court of Federal Claims finding that its deliberate flooding of an Arkansas state forest reserve constituted a compensable taking of property under federal law, in a long-running suit on remand from the U.S. Supreme Court.
U.S. Department of Justice attorney Robert J. Lundman told a three-judge panel at oral argument that the Supreme Court’s decision in the case last year deliberately left a crucial question undecided: whether the U.S. Army Corps of Engineers’...