Arkansas Fish and Game Commission v. United States

Federal Circuit Reverses Trial Court Takings Decision


Judge Dyk, writing for the Federal Circuit, reversed the Court of Federal Claims trial judge, holding that six years of flooding by the U.S. Corps of Engineers that destroyed valuable hardwood timber and also wildlife habitat was not a taking. The Federal Circuit concluded that the Corps' flooding was a tort, and remanded the case back to the trial court. Judge Newman dissenting, agreeing with the trial court's conclusion that a taking had occurred.

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Reference Info:Decision | Federal, Federal Circuit, Claims Court | United States

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