Legal Opinion
Arkansas Game & Fish Commission v. United States
Court of Appeals for the Federal Circuit
Decided December 3, 2013No. 18-1831PublishedCited by 43 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
This case is before us on remand from the Supreme Court. We previously held that plaintiff Arkansas Game and Fish Commission failed to establish that increased flooding of its property during the period 1998-2000 constituted a taking that is compensable under the Fifth Amendment to the Constitution. Ark. Game & Fish Comm’n v. United States, 637 F.3d 1366 (Fed.Cir.2011). The Supreme Court reversed, holding that government-induced flooding can qualify as a Fifth Amendment taking even if it is temporary in duration. Ark. Game & Fish Comm’n v. United States, — U.S. —, 133…
2Cases cited23 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- United States v. 14.38 Acres of Land, More or Less Situated in Leflore County, MississippiCourt of Appeals for the Fifth Circuit · 1996
- Jacobs v. United StatesSupreme Court of the United States · 1933
18 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
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- Gennadiy Nekrilov v. City of Jersey CityCourt of Appeals for the Third Circuit · 2022
- Shell Oil Company v. United StatesCourt of Appeals for the Federal Circuit · 2018
- Otay Mesa Property, L.P. v. United StatesCourt of Appeals for the Federal Circuit · 2015
38 more not listed; retrieve them via the Exa API.