Arkansas Fish and Game Commission v. United States

Federal Circuit Reverses Trial Court Takings Decision

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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


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.

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