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