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Constitutional Law – takings — flooding

U.S. Supreme Court


Constitutional Law – takings — flooding

Government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection.

As to the question whether temporary flooding can ever give rise to a takings claim, this Court has ruled that government-induced flooding, Pumpelly v. Green Bay Co., 13 Wall. 166, and seasonally recurring flooding, Cress, 243 U. S., at 328, can constitute takings. The Court has also ruled that takings temporary in duration can be compensable. E.g., United States v. Causby, 328 U. S. 256. This Court’s precedent thus indicates that government-induced flooding of limited duration may be compensable. None of the Court’s decisions authorizes a blanket temporary-flooding exception to the Court’s Takings Clause jurisprudence, and the Court declines to create such an exception in this case. Pp. 6–9.

637 F. 3d 1366, reversed and remanded.

11-597 Arkansas Game & Fish Commission v. U.S.

Ginsburg, J.

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