by Nancie Marzulla | Jun 16, 2022
To address the routine flooding that occurs in the Mississippi Delta, in the 1940s the federal government built the Yazoo Backwater Project—a levee system designed to protect portions of Issaquena County, Misssissippi, near the confluence of the Mississippi and Yazoo...
by Nancie Marzulla | Jun 7, 2022
Following the devastating flooding of hundreds of privately owned properties in an area on the western edge of Houston, Buffalo Bayou, caused by flood control actions of the U.S. Army Corps of Engineers in response to Hurricane/Tropical Storm Harvey, the flooded...
by Nancie Marzulla | Jan 18, 2022
There are two elements to the taking test employed by the U.S. Court of Federal Claims: (1) whether the plaintiff has a cognizable Fifth Amendment property interest and (2) whether that property interest has been taken. The Court recently examined the first prong...
by Nancie Marzulla | Nov 5, 2021
What role do a property owner’s subjective expectations play in determining whether a taking claim has accrued in a gradual taking? Plaintiffs in a taking case brought by landowners in Louisiana, Biloxi Marsh Lands Corporation et. al, recently asked that the Court of...
by Nancie Marzulla | Apr 27, 2021
One thing that any litigant in the U.S. Court of Federal Claims should always remember is that, unlike other courts including federal district courts, in this Court the statute of limitations is jurisdictional and can be raised any time in the litigation, even on...
by Nancie Marzulla | Apr 22, 2021
The Twitchell Dam and Reservoir is located in southern San Luis Obispo County and northern Santa Barbara County in California on the Cuyama River. Two environmental groups, the San Luis Obispo Waterkeeper and the Los Padres Forest watch sued the U.S. Bureau of...