Arkansas Game & Fish Commission v. United States

OPINION AND ORDER

LETTOW, Judge.

This post-trial decision reprises the circumstances of a line of venerable precedents in the Supreme Court addressing situations where “superinduced additions of water” to rivers impaired the utility of adjacent lands and caused a taking. Pumpelly v. Green Bay & Mississippi Canal Co., 80 U.S. (13 *600Wall.) 166, 181, 20 L.Ed. 557 (1871) (Miller, J.) (holding that “where real estate is actually invaded by superinduced additions of water ... so as to effectively destroy or impair its usefulness, it is a talcing, within the meaning of the Constitution”); see also…