Thursday, December 6, 2012
Supreme Court rules government not immune under takings clause for temporary man-made floods
[JURIST] The US Supreme Court [official website] released a unanimous opinion Tuesday in Arkansas Game & Fish Commission v. United States [opinion, PDF; JURIST report] on the Federal government's immunity under the Takings Clause [Cornell LII backgrounder] of the Fifth Amendment [text]. The decision held that the government does not receive automatic immunity under the Takings Clause when creating a temporary flood that damages others' property. The opinion was delivered by Justice Ruth Bader Ginsburg;There is thus no solid grounding...
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