Owners’ Counsel of America files Brief to support Arkansas landowner, Arkansas Game & Fish Comm'n, in eminent domain case

July 5, 2012

On July 5, 2012, Owners’ Counsel of America filed an amicus curiae brief in Arkansas Game & Fish Comm'n v. United States in support of the landowner, Arkansas Game & Fish Commission, urging the U.S. Supreme Court to reverse a decision by the Federal Circuit which held that the federal government’s recurrent flooding did not constitute a compensable taking of private property. In essence, the Federal Circuit court held that the landowners were not entitled to just compensation for damage to its property by the federal government’s continual flooding. On appeal, the primary issue in the case will be whether the government must intend for a taking to be permanent in nature before a property owner to recover just compensation under the Fifth Amendment of the U.S. Constitution or whether a temporary taking will suffice. The amicus brief was prepared and filed by Owners' Counsel Hawaii member, Robert H. Thomas, and was joined by Arkansas eminent domain attorneys and Owners’ Counsel members, Brandon Moffitt and Michael Phillips, of Moffitt & Phillips, PLLC. 

A copy of the amicus brief filed by Owners’ Counsel can be found on Robert Thomas’ blog InverseCondemnation.com.

 

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