For obvious reasons, much of our recent traffic has come to the blog looking for information or cases about inverse condemnation and flooding. So instead of having you chase down links through a search engine or our Search page, here are some of the more popular links regarding government liability for flooding:
- Flood Takings Primer – our chapter in the ABA’s Eminent Domain book.
- Unanimous SCOTUS: Temporary Flooding Could Be A Taking
- Guest Post: Katrina Flood Takings Decision Emphasizes Science (from colleague Edward Thomas, President of the National Hazard Mitigation Association, and head of my ABA Section’s Task Force on Resiliency)
- Virginia Supreme Court Clarifies How To Plead A Flooding Inverse Condemnation Claim
- Virginia: Single Instance Of Flooding Can Support Inverse Condemnation Claim
- Illinois Supreme Court: Temporary Flooding Can Be A Taking, But There’s No Bright Lines In Flood Takings Cases
- Texas: Property Owners Entitled To Trial On What Govt Knew About Flooding And When It Knew it
- Not so quick: Texas Turnabout: Gov’t Development Approvals Without Flood Control Plan Isn’t A Taking (rehearing in the previous case, with different result)
- South Carolina: No Taking When Owner Prohibited From Developing In A Floodplain
- Cal App: Intentionally Flooding Land To Protect The Environment Is A Physical Taking
- Alabama: Recovering Compensation When The Govt Floods Your Land With Contaminated Water Is Just What Inverse Condemnation Is For
- Mo App: Golf Course Owners Who Recorded Title After The First Flood Had Inverse Condemnation Standing
- Arkansas App: One Flood Not Enough For Inverse Condemnation Liability (But What About Arkansas Game & Fish?)
- CFC: Katrina Flooding Is A Taking
- CFC Awards Just Comp In Katrina Flooding Case And Tees Up The Appeal
- Fed Circuit: There Must Be Actual Flooding For A Physical Taking
While all this law talk is interesting, let’s hope this all blows over and no one really needs to research this topic further.