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California Land Use & Development Law Report Legal Commentary on Planning and Development

Tag Archives: Inverse Condemnation and Takings

Supreme Court Rules Temporary Flooding May Give Rise To Takings Claim

Posted in Land Use

In an important constitutional decision, the Supreme Court made clear there is no “blanket” rule prohibiting a takings cause of action for government-induced flooding that is only temporary.  The Court therefore reversed the Federal Circuit, which had decided such flooding must be “permanent or inevitably recurring” to give rise to a viable takings claim.  Arkansas… Continue Reading