Arkansas Game & Fish Commission v. United States: A Temporary Fix for Temporary Takings Engage Volume 14, Issue 1 February 2013
July 01, 2013
The United States Supreme Court’s decision in Arkansas Game & Fish Commission v. United States is a rare unanimous victory for property rights. The decision is significant because the Court recognized that any government action that interferes with the enjoyment and use of private property can give rise to a takings claim under the Fifth Amendment. There is no exception for government actions that are temporary in duration. The Court’s decision closed a long-standing loophole in takings law that had allowed the federal government, as it did in this case, to avoid takings liability for having repeatedly flooded the Arkansas Game & Fish Commission’s land. The decision promises to be important for all property owners because the Court relied on principles that reaffirm the protective nature of the Takings Clause....[Read More!] Environmental Law & Property Rights Practice Group Podcast
In early October, the Supreme Court heard oral argument in Arkansas Game and Fish v. United States. Can the temporary flooding of private property, caused by release of water from a river-regulating dam to relieve pressure on the dam or to aid in downstream water management, be a taking of private property for public use which therefore requires just compensation? This novel question was addressed in the oral argument, and will be answered by the Court when it renders its opinion. Professor Steven Eagle attended the oral argument and gave his report in this special “Courthouse Steps” edition of Teleforum.
- Prof. Steven J. Eagle, George Mason University School of Law
- Moderator: Mr. Dean Reuter, Vice President & Director of Practice Groups, The Federalist Society