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...
To view the full article, register now.




Case Information

Case Title

Arkansas Game & Fish Comm v. US

Case Number



Appellate - Federal Circuit

Nature of Suit

512 Taking - Realty

Date Filed

September 1, 2009

Law Firms

Government Agencies

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.