Holman v. Papio Natural Resources District

The plaintiff, Max Holman, owns an irregularly shaped 40-acre tract of land in Sarpy County, Nebraska. The tract is bordered on the south by the north bank of the Platte River, on the west and north by the right-of-way of the Burlington Northern Railroad, and on the east byU.S. Highway 73-75.

In 1968, the U.S. Army Corps of Engineers constructed a levee system, known as R-613, to protect land lying east of the plaintiff’s property from flooding. As a part of that project a floodgate was installed on the west end of a culvert, described as a 4- by 4-foot concrete box culvert, which runs…