Milton v. United States

 
APPEAL NO.
21-1131
OP. BELOW
CFC
OPINION
TBD
SUBJECT
Takings
AUTHOR
TBD

Issue(s) Presented

1. “Whether the Court of Federal Claims erred by concluding that all downstream property owners whose properties were flooded by the Government as a result of an intentional government action in response to Tropical Storm Harvey lacked a property interest to support a takings claim under the Fifth Amendment.”

2. “Whether the Government took a flowage easement from the affected downstream property owners either (a) permanently and categorically through its Water Control Manual or (b) temporarily through its decision to flood properties downstream of the Addicks and Barker Reservoirs.”

Posts About this Case