Smith v. United States

OPINION

REGINALD W. GIBSON, Judge:

Introduction

Plaintiff filed a Fifth Amendment inverse condemnation takings claim in the United States Claims Court1 on October 29,1990, seeking $5 million as just compensation for property damage and the cost of preventative measures stemming from the construction of the Smithland Locks and Dam project by the Army Corps of Engineers on the Ohio River. He argues that the construction of said dam altered the flow of the Ohio River, thereby causing erosion and damage to both his Cumberland Island and Smithland properties. Trial was held on April 1 and 2, 1992, in…