Stueve Bros. Farms, LLC v. United States

OPINION

HEWITT, Chief Judge.

This is an action for just compensation pursuant to the Takings Clause of the Fifth Amendment of the United States Constitution. See infra Part I. Plaintiffs, the owners of land within the Prado Dam Flood Control Basin, allege that the government has effected a physical taking by subjecting their properties to a risk of flooding above the elevation allowed by the government’s flowage easements. See infra Part I. Because plaintiffs’ claims are premised on the “apprehension of future flooding” rather than on flooding that has actually occurred and which is…