Fox News
Expand
Browse All Video
Watch Live

You're watching...

SCOTUS holds federal government liable for floods in AK

Details

  • Description

    A look at high court's ruling

  • Duration 1:56
  • Date

Clips

Also in this playlist...

Editor's Picks

Auto-advance: ON

Auto-advance
View All

Transcript

This transcript is automatically generated

-- there.

The Supreme Court says the government is on the hook for damage it causes to land.

It does not own correspondent Shannon Bream has -- on a big decision tonight didn't we -- -- under the takings clause in the Fifth Amendment -- the US constitution the federal government can't simply take your property without providing just compensation.

For years the state of Arkansas has argued the federal government did just that.

And today the state got a big win at the Supreme Court.

The dispute started here at -- Clearwater DM in Missouri where the Army Corps of Engineers constructed assistant to control the flow of the Black River which travels and Arkansas.

In the mid 1990s the -- began releasing water from the dam no waiting it would flood land down river.

What followed was sixty years worth of flooding so damaging that it rendered land owned by the Arkansas game and fish commission virtually useless.

For purposes of harvesting timber and as a hunting preserve.

The federal government argued that because the floods were temporary they couldn't be viewed as -- taking that only permanent possession of the property could trigger any liability.

Karen hearted an attorney who filed a brief in support of Arkansas said the -- it boiled down to deaths.

You can have the government having an insane consequences don't matter.

We get to decide -- -- your property is affected if your property is destroyed pretty valued well tough -- we don't know you went back.

But the justices were not convinced any unanimous opinion issued today authored by justice Ruth Bader Ginsburg the court held quote.

Because government induced flooding can constitute a taking of property.

And the president taking need not be permanent to -- sensible -- precedent indicates -- government induced flooding of limited duration may become passable.

Arkansas was originally awarded nearly six million dollars by the trial court in this case.

-- an appeals court overturned that award it now appears the federal government is likely to have to pay up.

Brad Shannon thank you.

Load More