Arkansas Game & Fish Commín v. United States
- Case Date: 7/5/2012
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On December 4, 2012, the U.S. Supreme Court unanimously reinstated a lawsuit alleging that the Fifth Amendment requires compensation for government-induced flooding of private property Ė regardless whether the flooding is permanent or (as in this case) was undertaken pursuant to a temporary government policy. The decision was a victory for WLF, which filed a brief urging the Court to overturn the appeals courtís dismissal. The appeals court had held that compensation is never required when the Governmentís temporary physical occupation of property takes the form of flood waters. The Supreme Court agreed with WLF that individuals whose property is occupied by government-induced flood waters have the same rights to compensation as anyone else whose property is temporarily occupied by the Government. The case involved operation of a dam; the Government denied that it must pay compensation for property damage caused by a seven-year policy of releasing extraordinarily high levels of water.
More Information and Downloads:
7/5/2012: Download the Brief
Litigation Update: Court Reinstates Compensation Claims For Government Flooding
Press Release: Court Urged To Require Compensation For Temporary Takings