Date: September 20, 2013

Arkansas Fish & Game Commission v. U.S. – Property Rights
U.S. Court of Appeals for the Federal Circuit

 In 2012, the U.S. Supreme Court ruled that the Commission might be entitled to compensation under the Fifth Amendment for damages caused to their property as the result of intermittent government-induced flooding. Historically, property owners face significant legal hurdles when seeking compensation for property damage caused by short-term government policies and projects. The case was remanded to the U.S. Court of Appeals for a determination as to whether compensation is due. In the Federal Court of Appeals, the Court ruled in favor of the State of Arkansas, which had brought its suit against the federal government in its capacity as a private property owner. The decision will make it easier for landowners to obtain compensation when government causes damage to their land.

Mehaffy v. U.S. – Property Rights

The Court has been asked to reverse a Federal Circuit decision that prevents landowners from seeking compensation for regulations that are too burdensome when they have acquired a property after enactment of a land use restriction. NFIB’s amicus brief argues that a rule barring a post-enactment purchaser from bringing a lawsuit disadvantages small businesses, landowners and the elderly.


 If you have a case that impacts small business, please contact us at:  1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

 Thank You

Subscribe For Free News And Tips

Enter your email to get FREE small business insights. Learn more

Get to know NFIB

NFIB is America's leading small business association, promoting and protecting the right of our members to own, operate and grow their business

Find out more about
NFIB Membership

Or call us today



State Issues

Choose Your State


YEF Foundation Research Foundation Legal Foundation

Member Benefits