The temporary flooding of land by the government may result in liability under the takings clause of the Fifth Amendment to the U.S. Constitution.

Question

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The takings clause of the Fifth Amendment generally prohibits the government from taking private property for public use without just compensation. Temporary flooding may be considered a taking if it is deemed to be a significant interference with the use and enjoyment of the property. Courts have ruled that property owners subjected to such flooding may be entitled to compensation under the takings clause.

The Temporary Flooding of Land by the Government May Result