Supreme Court of the United States
Arkansas Game and Fish Commission v. United States
December 4, 2012133 S. Ct. 511
Summary
The Supreme Court held that temporary, recurring government-induced flooding can constitute a compensable taking under the Fifth Amendment's Takings Clause, rejecting a categorical rule that only permanent or inevitably recurring flooding creates liability. The Court reasoned that no precedent supports a blanket exception for temporary flooding, and such claims must be resolved on case-specific facts considering factors like foreseeability and severity. Justice Kagan took no part in the decision.