WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that the federal government may be required to pay damages when it releases water from a dam that causes temporary flooding for a property owner downstream.
The case addressed the politically charged issue of when government activity that affects private property constitutes a "taking" that requires payment to a landowner. Under the 5th Amendment to the U.S. Constitution, the government must pay owners of private property that it takes for public purposes.
Writing for a unanimous court, Justice Ruth Bader Ginsburg said temporary flooding of private land by the government is "not categorically exempt" from liability under the 5th Amendment's Takings Clause.
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