Fed. Circ. Affirms $5.8M Takings Award For Ark. Floods

Law360, New York (December 3, 2013, 5:31 PM EST) -- The Federal Circuit on Tuesday upheld a trial court's decision that the U.S. government’s temporary flooding of an Arkansas state forest reserve constituted a compensable taking of property under the Fifth Amendment, after the U.S. Supreme Court declined last year to exempt such flooding from takings liability.

A unanimous panel affirmed a 2009 U.S. Court of Federal Claims ruling awarding the Arkansas Game and Fish Commission $5.8 million for timber damage in the 23,000-acre Dave Donaldson Black River Wildlife Management Area found to have been caused...
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