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Federal Government Loses Big in Supreme Court Property Rights Case [message #27322] Wed, 05 December 2012 12:02
CyberkNight is currently offline  CyberkNight
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Registered: July 2012
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The federal government suffered a major defeat today at the U.S. Supreme Court in the case of Arkansas Game & Fish Commission v. United States. In their unanimous decision, the justices rejected the government's sweeping claim that a series of recurring floods induced by the U.S. Army Corps of Engineers did not qualify as a taking of property under the Fifth Amendment because the flooding was only temporary in duration. As Justice Ruth Bader Ginsburg wrote for the Court:

Quote:

Because government-induced flooding can constitute a taking of property, and because a taking need not be permanent to be compensable, our precedent indicates that government-induced flooding of limited duration may be compensable. No decision of this Court authorizes a blanket temporary-flooding exception to our Takings Clause jurisprudence, and we decline to create such an exception in this case.


The Court also rejected the government's assertion that the Army Corps of Engineers needed to be free from the constraints of the Takings Clause in order to effectively do its job:

Quote:

Time and again in Takings Clause cases, the Court has heard the prophecy that recognizing a just compensation claim would unduly impede the government's ability to act in the public interest. We have rejected this argument when deployed to urge blanket exemptions from the Fifth Amendment's instruction.


Full article: http://reason.com/blog/2012/12/04/federal-government-loses-b ig-in-supreme


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