Phelps v. Bd. of Supervisors of Muscatine
Supreme Court of Iowa
211 N.W.2d 274 (Iowa 1973)
Relevant factsFree
Phelps (plaintiff) owned land in the flood plain of the Cedar River; after Muscatine County (defendant) built a bridge nearby, the river flooded in 1965 and again in 1969, and Phelps claimed the bridge had increased the severity of the flooding on his land. The trial court ruled there was no taking because the timing and extent of future floods could not be known, and Phelps appealed.
IssueFree
Whether a government action that causes increased flooding on private property constitutes a compensable taking.
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