High Court Considers Federal Taking Standard For Flooding

Law360, New York (October 3, 2012, 7:04 PM EDT) -- The U.S. Supreme Court heard competing arguments Wednesday over whether temporary flooding by a government agency can constitute a taking of property under the Fifth Amendment, considering a Federal Circuit ruling that vacated a $5.8 million award to the Arkansas Game and Fish Commission.

The high court peppered both sides with questions concerning when a taking is justified during oral arguments reviewing the appeals court decision. That ruling found that flooding by the U.S. Army Corps of Engineers at a forest preserve did not amount to...
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