June 16, 2023
- Repeated flooding qualifies as a taking, court says
- Claims accumulated after expert confirmation
A group of farmers along the Missouri River will have a second shot at compensation for crops they lost because of flooding created by a strategic shift in planning by the Army Corps of Engineers, the Federal Circuit decided Friday.
Ideker Farms Inc. and landowners from six states sued the government, alleging that the Army Corps of Engineers took their farmlands and personal properties by making decisions that led to recurring flooding, without providing them compensation. The Corps of Engineers altered the flow of the Missouri River in 2004 to de-prioritize flood control in support of wildlife.
The Court of Federal Claims said the government was on the hook for taking the land and diminishing its value but denied the farmers their request to receive compensation for lost crops. The government appealed the decision to the US Court of Appeals for the Federal Circuit. The landowners and farmers also appealed over the denial of compensation for crops.