Does the government’s navigational servitude immunize it from suit when the Army Corps of Engineers dredges a river, which subsequently causes erosion and property damage?
No. “[T]he navigational servitude does not provide a blanket exception to the Takings Clause of the Fifth Amendment where improvements to navigation made by the government result in erosion to land located above or outside the bed of the stream as delineated by the high-water mark at the time of the construction.”
