Supreme Court Decides Temporary Flooding Takings Case – No Automatic Exemption


The Supreme Court of the United States reversed and remanded Arkansas Game and Fish Commission v. United States (568 U.S. ____ (2012)) finding that government induced flooding temporary in duration gains no automatic exemption from the Takings Clause.  The Court explained that takings claims turn on situation-specific factual inquiries.  Takings temporary in duration can be compensable. However, because the Federal Circuit Court rested its decision entirely on the temporary duration of the flooding, it did not address the other challenges to the trial court’s fact findings including causation, foreseeability, substantiality and the amount of damages.  These issues remain open for consideration on remand.  

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