Miller v. United States

OPINION

COLAIANNI, Judge:

Plaintiff in this case has alleged a “taking” by the Government of a flowage and underflowage easement on farm property riparian to the Arkansas River in Perry County, Arkansas. Plaintiff’s complaint is that his land suffers increased flooding and duration of flooding as a result of the operation of the McClellan-Kerr Arkansas River Navigation System. He further maintains that the project has raised the ground water table under his land and that he is consequently unable to machine farm parts of the land.

A trial was held on the issue of liability and I concluded that…