All attorneys or property and water resource professionals who advise on water or land management policies or issues. The program will be of special interest to attorneys whose clients own land that is subject to flooding by the federal government, including clients that are States and other public entities, or attorneys whose practice involves eminent domain.
On December 4, 2012, the U.S. Supreme Court issued a unanimous opinion in Arkansas Game & Fish Commission v. United States, holding that when the federal government floods property, even temporarily, the Fifth Amendment may require the government to pay just compensation to the landowner.
The Court's decision eliminates a carve-out from takings liability for government actions resulting in episodic or temporary flooding of land: "No decision of [the Supreme Court] authorizes a blanket temporary-flooding exception" to takings jurisprudence. This means that landowners are now eligible to establish that their land has been inversely condemned by government actions resulting in temporary flooding, under the same standards as any other takings plaintiff.
Consequently, water management actions that could result in flooding should be carefully scrutinized to take preventative steps to avoid flooding and reduce potential takings liability. Likewise, attorneys whose clients experience episodic or periodic flooding of their land should carefully evaluate whether a takings claim is a possibility.
In this one-hour TeleBriefing, three experienced litigators -- including the attorney who argued in the Supreme Court for the Arkansas Game & Fish Commission -- will discuss how this case changes the rules for inverse condemnations involving flooding.
Introduction & Overview
Nancie G. Marzulla, Esq., Moderator, Partner
Marzulla Law, LLC / Washington, DC
Practical Implications of the Supreme Court's Decision
Richard A. Samp, Esq., Chief Counsel
Washington Legal Foundation / Washington, DC
James F. Goodhart, Esq., General Counsel
Arkansas Game & Fish Commission / Little Rock, AR
$125 to dial in
$175 to dial in and receive continuing education credit
$50 for each additional person on the line who wishes to receive credit
Financial aid is available to those who qualify. Contact our office for more information.
There is a $25 cancellation fee
This TeleBriefing qualifies for 1.0 Washington CLE credit. For CLE credits in other states:
We will apply for credits in the following states: AK, AL, AZ, AR, CA, GA, ID, IL, IN, KS, LA, ME, MN, MO, MS, NC, ND, NE, NM, NV, NY (experienced attorneys only), OR, PA, RI, SC, TN, TX, UT, VA, VT, WI, WV, and WY.
You can self-apply for credits in: CO, FL, HI, MT, NJ, and OK.
CLE credits currently are not available in: DC, DE, MA, MD, MI, OH, or SD.
If you need other types of credits, please call us at (206) 567-4490.
Nancie G. Marzulla is partner at Marzulla Law, LLC, which is ranked among the nation's "Best Law Firms" and a "Tier One" environmental litigation law firm by U.S. News and World Report. Her practice concentrates on litigation of property, water, and contract claims in the U.S. Court of Federal Claims and the Federal Circuit Court of Appeals. Prior to founding Marzulla Law, Ms. Marzulla served as an Attorney-Advisor and former prosecutor of employment violations in the Civil Rights Division at the U.S. Department of Justice. She also litigated complex airline and other civil matters at Verner, Liipfert (now DLA Piper). In 1991, Ms. Marzulla founded Defenders of Property Rights, where she litigated high-profile property claims representing small business and land owners in the Supreme Court, federal courts of appeal, and trial courts.
James F. Goodhart, General Counsel for the Arkansas Game and Fish Commission, supervises the Legal Division which provides legal advice and services, including representing the Commission in administrative hearings and litigation matters, assisting in adoption and amendment of hunting and fishing regulations; monitoring and drafting legislation, negotiating and drafting contracts, facilitating land purchases, leases and other real estate transactions; and providing general legal advice regarding criminal and civil law, species and environmental protection, personnel employment and general liability matters. Mr. Goodhart was an attorney for the petitioner in the case Arkansas Game & Fish Commission v. United States.
Richard A. Samp is Chief Counsel of the Washington Legal Foundation, a nonprofit public interest law firm located in Washington, D.C. WLF litigates in support of individual rights and the free-enterprise system and against excessive government regulation. Mr. Samp practices regularly before the U.S. Supreme Court and other federal courts, with a specialty in constitutional and regulatory law. He successfully argued before the Supreme Court in Phillips v. Washington Legal Found. (1998) in support of Fifth Amendment property rights. Before joining WLF in 1989, he clerked in Detroit for federal district judge Robert DeMascio and was a litigator at the Washington, D.C., law firm of Shaw Pittman.