Fed. Circ. Vacates $5.8M Award In Ark. Flooding Suit

Law360, New York (March 30, 2011, 5:16 PM EDT) -- The Federal Circuit ruled Wednesday that temporary flooding by the U.S. Army Corps of Engineers at a forest preserve managed by Arkansas authorities did not constitute a taking of property under the Fifth Amendment, reversing a $5.8 million award.

A three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled 2 to 1 that the flooding, which caused extensive damage to trees in the preserve, cannot be considered a taking under the Fifth Amendment because it was temporary. The flooding was eventually stopped...
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