We’ve been receiving a lot of visits lately from folks looking for information on inverse condemnation liability after the recent Northern California wildfires, and the flooding in Houston. In addition to the news stories (see SF Chronicle wildfire story here, and the Texas Tribune flood story here) which we’ve already posted, here are other links which may be useful:
- “Is federal government flooding of Houston homes a taking?” Professor Ilya Somin, Volokh Conspiracy (WaPo)
- “The Flood of Takings Cases after Hurricane Harvey” Professor John Echeverria and Robert Meltz (Center for Progressive Reform Blog)
- How Texas approaches inverse condemnation and wildfires: “Wildfire Not A Taking Unless Gov’t Meant To Cause It.”
- Alaska’s approach: “Police Power Not A Blanket Exception To Takings Liability – State May Be Liable For Backfires“
- Federal Circuit: “Invoking ‘Doctrine Of Necessity’ Does Not Automatically Absolve Forest Service For Taking Of Timber” and “Federal Circuit: No Taking For Forest Fire“
Finally, we remind you that we’re covering these topics at the upcoming 35th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina in January 2018. Sessions include “Takings and Damaging by Flood: Case Selection Advice for Savvy Practitioners,” with Chris Johns (Austin, TX), and Sarah Kellner (Denver, CO), and “Lucas 25 Years Later: Property Rights in the Age of Global Warming” with Professor Lynda Butler (William and Mary Law), and Jonathan Wood (Washington, DC).