Arkansas Game and Fish Commission v. United States
United States Supreme Court
133 S. Ct. 511 (2012)
Relevant factsFree
The Army Corps of Engineers (defendant) deviated from its usual dam-release schedule for roughly six years, extending flooding during the growing season on the Commission's (plaintiff) wildlife management area, which weakened and eventually killed many trees and altered the area's ecology; the trial court awarded $5.7 million for a Fifth Amendment taking, but the Federal Circuit reversed, holding only permanent flooding could constitute a taking.
IssueFree
Whether temporary government action may be a taking under the Takings Clause of the Fifth Amendment if permanent action of the same character would constitute a taking.