Oddball State Takings Measures
Posted: June 15, 2015 Filed under: Exactions | Tags: Arkansas Game & Fish, Koontz, Legislation Comments Off on Oddball State Takings MeasuresNow that the state legislatures have mostly wrapped up for the year, it is worthwhile to comment on two of this year’s oddball state takings measures, one from Florida and the other from Arkansas. Both measures are more interesting for what they don’t do than for what they do. Read the rest of this entry »
Ruling in MR-GO Takings Lawsuit
Posted: May 2, 2015 Filed under: Regulatory Takings, Water | Tags: Arkansas Game & Fish, Penn Central, Temporary Takings Comments Off on Ruling in MR-GO Takings LawsuitYesterday, on May 1, 2015, in Saint Bernard Parish Government v. United States, the U.S. Court of Federal Claims found the U.S. government liable in a major takings case arising from property damage in Louisiana caused by Hurricane Katrina and other hurricanes. The lawsuits were brought by St Bernard Parish itself and by numerous property owners in the Lower Ninth Ward of New Orleans and in St Bernard Parish. The takings claims are based on the theory that Army Corps of Engineer’s construction, expansion, operation and failure to maintain the Mississippi River – Gulf Outlet (“MR-GO”) resulted in temporary takings by causing increased flooding of the plaintiffs’ properties during Hurricane Katrina and several lesser hurricanes. Read the rest of this entry »