Turner v. United States

OPINION and ORDER

TURNER, Judge.

Plaintiffs, the present and former owners of riparian farmland, seek compensation under the Fifth Amendment1 for damages resulting from the flooding of their property. Defendant has filed a motion for summary judgment. Because plaintiffs’ suit lacks essential elements of a flood-related taking claim, it is concluded that defendant’s motion should be granted.

I

Plaintiffs’ lands are situated in Itawam-ba County, Mississippi. A creek known as the Twenty Mile Channel flows in a southeasterly direction through the plaintiffs’ lands and empties into the Tombigbee River…