U.S. loses Supreme Court property rights case

LII Supreme Court Bulletin








[h=1]Arkansas Game and Fish Commission v. United States (11-597)[/h]in


Oral argument:
October 3, 2012


Court below:
United States Court of Appeals for the Federal Circuit


Petitioner, the Arkansas Game and Fish Commission (the “Commission”) sued Respondent, the United States, for a violation of the Takings Clause of the Fifth Amendment, which compels the government to compensate parties when the government physically seizes property. Specifically, the Commission argues that the United States Army Corps of Engineers (the “Corps”) permanently destroyed trees in a bottomland hardwood forest in Arkansas by intermittently flooding the forest for six years. The United States asserts that the actions of the Corps did not constitute a taking because the Corps did not oust the Commission of possession of the forest, and only a continuous invasion qualifies as a physical taking. The Supreme Court’s decision in this case will determine whether a temporary invasion is a taking which will affect the meaning of the Takings Clause as it is used in future disputes concerning the destruction of property.
 

Will the final decision become "retroactive" for use in cases begun before the decision?
 

I have always felt the 5th Amendment would prevail in these cases. "nor be deprived of life, liberty or PROPERTY, with out due process (a trial) of law"
I feel the 5th also would apply to cops towing your car instead of just giving you a ticket. Cars are property just as much as land is.
 

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