Compensation for temporary flooding
Arkansas Game & Fish Commission v. United States
In brief
The Supreme Court overturned the lower court's ruling: temporary flooding can be reviewed as a possible taking, but compensation for this flooding remains undecided.
- Where it stands
- Decided
Decided 8-0 · December 4, 2012 · Opinion by Justice Ginsburg
- What it’s about
- The Arkansas Game & Fish Commission said a temporary flood-control regime run by the U.S. Army Corps of Engineers flooded its wildlife area and damaged timber.
- Who it affects
- The Commission's claim cannot be rejected solely because the flooding was temporary; whether the flooding requires compensation remains unresolved.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that temporary flooding is not automatically exempt from the Fifth Amendment rule requiring compensation for a government taking of property, overturned the lower court, and sent the case back (remanded) to decide whether these floods qualified.
The dispute concerned how the Fifth Amendment's property-compensation rule applies when government flood-control operations cause temporary flooding.
Question presented
Is the United States liable under the Fifth Amendment's takings clause for physically taking property through temporary flood invasions?
What the Court decided
Holding
Government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection. 637 F. 3d 1366, reversed and remanded.
- Result
- Reversed
The Court's reasoning
The Court said temporary duration alone does not put government-caused flooding beyond review under the Fifth Amendment's property-taking rule. It did not decide whether the flooding at the Commission's wildlife area requires the government to pay.
The vote
What's next
The case returns to the Federal Circuit, which must decide whether the floods qualify as a taking that requires compensation.
Documents
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Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.