A new Court of Federal Claims opinion was handed down this month coming right out of our own Southern California backyard. The case, Stueve Bros. Farms, LLC v. the United States, deals with whether a "physical taking of title" has occurred when a government agency's activities create a risk of flooding. The answer, according to the Court, is no.
Stueve Bros. Farms owns property in San Bernardino County within the Prado Dam Flood Control Basin. In the 1940's, the federal government condemned flowage easements over the property to an elevation of 556 feet above sea ...
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