Marzulla Law Legal Report - March 24, 2011


In This Issue:

- Victory For Landowners In Klamath Water Basin Takings Case

- Staff Spotlight: Melissa Vedder

- About Our Law Firm

Exerpt from "Victory For Landowners In Klamath Water Basin Takings Case"

The Fifth Amendment of the U.S. Constitution proscribes the taking of private property "for public use, without just compensation." In cases where the federal government, by means of any of its various agencies, takes property in violation of the Fifth Amendment----an action known as "inverse condemnation" or "taking"---- property owners have a right to seek just compensation via a takings claim filed in the U.S. Court of Federal Claims.

On February 18, 2011, a major victory was won by landowners in the Klamath Water Basin, a nearly 16,000 square-mile region comprising parts of southern Oregon and northern California which, under the oversight of the U.S. Bureau of Reclamation (Bureau), provides water to about 240,000 acres of irrigable crop lands. The long-running case, Klamath Irrigation District v. United States, stems from a 2001 decision by the Bureau not to deliver any water to Klamath Basin farmers and irrigators that year. The Bureau claimed it was doing so because it was obligated under the Endangered Species Act (ESA) of 1973 to protect endangered species.....

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