United States Supreme Court

In a takings suit brought by the Arkansas Game and Fish Commission against the US, alleging that the temporary deviations from the plan known as the Water Control Manual caused sustained flooding during tree-growing season, and that the cumulative impact of the controlled flooding caused the destruction of timber in the Dave Donaldson Black River Wildlife Management Area and a substantial change in the character of the terrain, the judgment of the Court of Appeals in favor of the US is reversed and remanded where: 1) government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection, and can constitute takings, and takings temporary in duration can be compensable; and 2) when regulation or temporary physical invasion by government interferes with private property, time is a factor in determining the existence vel non of a compensable taking, as well as the degree to which the invasion is intended or is the foreseeable result of authorized government action, the character of the land at issue, the owner's reasonable investment-backed expectations regarding the land's use, and the severity of the interference.

Appellate Information

• Decided 12/04/2012
• Published 12/04/2012

Judges

• Ginsburg

Court

• United States Supreme Court

Counsel