Yesterday, Reason published an article about the temporary taking case, Arkansas Game & Fish Commission v. United States. The article, insighfully titled Protecting Property Rights from the Army Corps of Engineers, summed up the case as follows:
In the present case, repeated flooding over six consecutive years by the U.S. Army Corps of Engineers caused severe injury to the property of the Arkansas Game & Fish Commission, including the destruction and degradation of 18 million board feet of timber. That damage did not magically disappear just because the floodwaters happened to recede.
The Army Corps of Engineers took this property for a public use. We’ll see if the Supreme Court forces the Corps to pay the price.