St. Bernard Parish: Federal Circuit Washes Away Takings Clause Claims Arising from Hurricane Katrina

By: Michael DeBona
Spring/Summer 2019

Since the 1980s, North American hurricanes have increased in intensity, frequency and duration. Many scientists project that this trend will continue. Larger, stronger hurricanes will result in greater flooding and this could spell an upswing in Takings Clause cases where landowners claim the government exacerbated the flooding they suffered.

In the Spring/Summer 2019 edition of the NASP’s Subrogator magazine, Michael DeBona shares insights on Takings Clause jurisprudence and the impact of St. Bernard Parish Gov’t v. United States, 887 F.3d 1354 (Fed. Cir. 2018) on future Takings Clause cases.

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only and you are urged to consult a lawyer concerning your own situation and legal questions.



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