United States:
Ill Court: Temporary Flooding Can Cause Taking
27 July 2016
Fox Rothschild LLP
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A unanimous Illinois Supreme Court ruled that temporary flooding
can cause a taking under the Illinois Constitution. In
Hampton et al. v. the Metropolitan Water Reclamation District
of Greater Chicago, homeowners alleged that Chicago's
water reclamation district violated Illinois' takings clause by
diverting stormwater onto their properties.
The lower state court wanted to know if the U.S. Supreme
Court's 2012 decision in Arkansas Game was at odds with prior
Illinois law. The Illinois Supreme Court held that the prior
law was not an absolute bar to temporary flooding takings suits and
that courts would need to examine the facts of each case to
determine if there was a taking.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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