News & Analysis as of

Takings Clause Flooding

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of...more

Pillsbury - Gravel2Gavel Construction & Real...

Alleged Government Inaction Did Not Amount to Inverse Condemnation and a Compensable Taking

On April 20, the U.S. Court of Appeals for the Federal Circuit decided the case of St. Bernard Parish Government, et al., v. U.S., reversing a decision by the U.S. Court of Federal Claims. The Court of Claims had found that a...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Pillsbury - Gravel2Gavel Construction & Real...

Illinois Opens Door for Takings Claims Flowing From Temporary Flooding

On July 8, the Illinois Supreme Court, in Hampton, et al., v. Metropolitan Water Reclamation District of Greater Chicago, floodheld that temporary flooding of the plaintiffs’ residential properties located in the Chicago area...more

Sheppard Mullin Richter & Hampton LLP

State Agency’s Intentional Flooding for Environmental Protection Results in Physical Taking of Private Property – Strict Liability...

Pacific Shores Property Owners Association v. Department of Fish and Wildlife (1/20/16, C070201) - On January 20, 2016, the Court of Appeal for the Second Appellate District of California ruled that where a state agency...more

Nossaman LLP

On Remand from the U.S. Supreme Court, Federal Circuit Affirms Ruling that Temporary Flooding Resulted in Compensable Taking

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As you may recall, last December we reported on the U.S. Supreme Court's decision in Arkansas Game and Fish Commission v. United States, in which the Supreme Court held that government-induced flooding of limited duration may...more

Nossaman LLP

Big Year For Published Eminent Domain Decisions

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Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

Nossaman LLP

Supreme Court Holds Temporary Flooding Can Be A Taking

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After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more

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