Arkansas Game and Fish Commission v. United States (Dec. 4, 2012): Rejecting Bright-Line Rule, U.S. Supreme Court Holds that Temporary Government-Caused Flooding May Be a Compensable Taking, at Least in Some Circumstances

Abstract

Thus far in the October 2012 Term, the U.S. Supreme Court has decided to hear two cases presenting takings law issues. This brief report focuses on the first of these two cases, Arkansas Game and Fish Commission v. United States, which was decided in December 2012. The question presented in Arkansas Game was whether government actions that temporarily result in flooding can amount to takings of private property that trigger the right to just compensation under the Fifth Amendment.