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Taking of private property

Alford v. United States

The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was liable for flooding private properties when it raised the water level of a lake in Mississippi to prevent a nearby levee from breaching....

Downstream Addicks and Barker (Texas) Flood-Control Reservoirs

The Court of Federal Claims held that the U.S. government was not liable for the flooding of homes near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners downstream of the dams...

Ministerio Roca Solida, Inc. v. United States

The U.S. Claims Court granted in part and denied in part the U.S. government's motion for summary judgment in a challenge against FWS for rerouting spring waters that had previously flowed through church property into a restoration...

Knick v. Scott, Pennsylvania, Township of

The U.S. Supreme Court vacated a dismissal of a landowner's challenge to a town ordinance on takings grounds. The landowner argued the ordinance, which requires cemeteries on public and private property to be kept open and accessible to...

Welty v. United States

The Federal Circuit affirmed a dismissal of landowners' lawsuit against the government for flooding that resulted when a federal land conservation program induced an adjacent landowner to build and maintain a levee. The landowners...

Banks v. United States

A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-...

St. Bernard Parish Government v. United States

The Federal Circuit held that the U.S. government is not liable for flood damages that property owners in the New Orleans area incurred following Hurricane Katrina. The property owners filed suit under the Tucker Act, alleging that the...

Ideker Farms, Inc. v. United States

In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the...

St. Bernard Parish Government v. United States

The Court of Federal Claims held that residents and businesses in New Orleans' Ninth Ward and the neighboring St. Bernard Parish may file class-action lawsuits against the government for flood damage caused by Hurricane Katrina. A year...

Freeman v. United States Department of Interior

The D.C. Circuit, in an unpublished opinion, upheld an Interior Board of Land Appeals (IBLA) decision invalidating an individual's mining claims on federal land in Oregon. DOI made those determinations so that the U.S. Court of Federal...

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