Supreme Court Says Short-Term Flooding Amounts To Taking

Law360, New York (December 4, 2012, 2:09 PM EST) -- The U.S. Supreme Court ruled in a unanimous opinion Tuesday that temporary flooding by a government agency can constitute a taking of property under the Fifth Amendment, reversing a Federal Circuit decision that vacated a $5.8 million award to the Arkansas Game and Fish Commission.

Writing for the court, Justice Ruth Bader Ginsburg said the U.S. Army Corps of Engineers' decision to deviate from its water control manual and allow seasonal flooding in the 23,000-acre Dave Donaldson Black River Wildlife Management Area every year from 1993...
To view the full article, register now.