Sock it to them: Supreme Court: government may be liable for flood damage

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.

http://www.reuters.com/article/2012/12/04/us-usa-court-flooding-idUSBRE8B316T20121204

Sock it to them: Supreme Court: government may be liable for flood damage

Sock it to them: Supreme Court: government may be liable for flood damage

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