United States Federal Circuit

On remand from the U.S. Supreme Court, which found that government induced flooding can qualify as a Fifth Amendment taking even if it is temporary in duration, the Court of Federal Claims' judgment that the government’s actions at issue in this case gave rise to a temporary taking is affirmed, where: 1) the question whether a taking has occurred does not turn solely on the duration of the invasion that caused the injury in question; 2) the record supports the trial court's findings as to causation, foreseeability, and severity, and 3) the trial court did not err in refusing to exclude plaintiff's damages evidence or appraisal evidence.

Appellate Information

• Decided 12/03/2013
• Published 12/03/2013

Judges

• BRYSON

Court

• United States Federal Circuit

Counsel