Arkansas Game Remand Equals Just Compensation for Property Owner

by: Joseph Grather
6 Dec 2013

Almost a year to the date after the Supreme Court issued its opinion in Arkansas Game and Fish Commission v. United States, the Circuit Court of Appeals for the Federal Circuit found that the governmental taking caused by an Army Corps controlled flooding program was compensable. The Circuit Court “affirm[ed] the judgment of the Court of Federal Claims,” which awarded  $176,428.34 in restoration damages, and $5,602,329.56 as compensation for the timber lost because of the governmental flooding program.

The Circuit Court rejected all of the government’s arguments on remand primarily by relying on the detailed factual findings made by Judge Lettow of the Federal Court of Claims.

Commentators agree that this case is a big win for property owners: