Here's the petitioner's merits brief in Arkansas Game & Fish Comm'n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), a case from the Federal Circuit that we've been watching.
In a 2-1 decision, the Federal Circuit held that flooding caused by the Corps of Engineers was only temporary, and did not result in a compensable taking merely because it was temporary and eventually stopped, and "at most created tort liablity." The dissenting judge concluded that temporary flooding was no different in kind than more permanent flooding that occurs in other inverse condemnation cases, and regularly results in awards of compensation. We posted the Federal Circuit's opinion here.
The Question Presented is straightforward:
Whether government actions that impose recurring flood invasions must continue permanently to take property within the meaning of the Takings Clause.
The Supreme Court's docket report is here.
Petitioner's Brief on the Merits, Arkansas Game & Fish Comm'n v. United States, No. 11-597 (filed Ju...
