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Editor: Stephen Clowney
Univ. of Kentucky College of Law

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Tuesday, May 24, 2011

Spillway Takings Claims

Commentator Jeff gives an update:

Notwithstanding the existence of flowage easements on the affected properties, there is still a fair chance that the owners of the land flooded by the opening of the Morganza Spillway will file a takings suit against the government. The owners of the Missouri farmland flooded when the Corps breached the Birds Point levee near Cairo, IL a couple of weeks ago have already filed a takings suit in the U.S. Court of Federal Claims (Case No. 11-275), even though those properties are also located in a floodway and are subject to flowage easements.

Steve Clowney

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