The Court of Federal Claims concluded that the Army Corps’ actions effected a taking and ordered the Corps to pay $5.8 million for the value of the timber destroyed by the floods and to restore the severely damaged portions of the Commission’s recreation and conservation lands.īut, in a 2-1 decision, the Federal Circuit reversed the trial court’s judgment, concluding that, as a matter of law, government flooding of private property can never constitute a taking if it was the result of an “ad hoc” or “temporary” government policy because, according to the court of appeals, temporary flooding can never give rise to a taking. Army Corps of Engineers, as part of a dam management plan, released water in a manner that caused six consecutive years of flooding and degraded millions of board feet of timber across about 23,000 acres of forest. Much of this land was significantly damaged when the U.S. The Arkansas Game & Fish Commission owns thousands of acres of hardwood forest in Arkansas’ Upper Mississippi Alluvial Valley that are used for the harvest of mature oak trees, recreational lands, hunting grounds for migratory water fowl, and conservation and habitat areas. (1982), the distinction between takings and torts, and the question of whether the government’s intent is relevant to determining whether a taking has occurred. To resolve this question, the Supreme Court will consider a host of important takings issues, including the viability of takings claims based on physical invasions of a limited duration, the reach of the per se taking test set forth in Loretto v. United States, asks whether a temporary physical invasion of private property constitutes a taking under the Fifth Amendment, requiring the government to compensate the owner for the years during which the government occupied and used the land. The case, Arkansas Game & Fish Commission v. Last week, PLF attorneys filed an amicus brief on behalf of PLF, the Cato Institute, and Atlantic Legal Foundation in one of the most significant Takings Clause cases to reach the U.S.
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