U.S. Court of Federal Claims Refuses to Dismiss California Farmers’ Takings Case


The U.S. Court of Federal Claims recently denied the Government’s motion to dismiss California farmers’ claim that their farmland had been taken by the Government’s failure to build a statutorily required drain to remove salts from their land. Located within the Westlands Water District, these agricultural lands are irrigated by water from the Central Valley Project that picks up and concentrates naturally occurring salts (such as salinium) that eventually make the land unusable. The farmers have obtained several court orders requiring Reclamation to build the drain, but it has not been constructed yet.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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