WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that the federal government may be required to pay damages when it releases water from a dam that causes temporary flooding for a property owner downstream.
The case addressed the politically charged issue of when government activity that affects private property constitutes a "taking" that requires payment to a landowner. Under the 5th Amendment to the U.S. Constitution, the government must pay owners of private property that it takes for public purposes.
Writing for a unanimous court, Justice Ruth Bader Ginsburg said temporary flooding of private land by the government is "not categorically exempt" from liability under the 5th Amendment's Takings Clause.
There is "no solid grounding in precedent for setting flooding apart from all other government intrusions on property," Ginsburg wrote.
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
- Educational webcasts, resources from industry leaders, and informative newsletters.
- Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.
Already have an account? Sign In
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
