September 26, 2018

Takings Law in Large River Basin Floodplains After Arkansas Game & Fish Commission V. United States

John H. Davidson

In its Penn Central decision, 438 U.S. 104 (1978), the Supreme Court recognized the challenge of analyzing “takings” cases “when the interference with property rights arises from some public program adjusting the benefits and burdens of economic life to promote the public good.” Id. at 124. In the near future, the application of takings analysis in the context of the nation’s great river basins is likely to require unique application of this adjustment of benefits and burdens.

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