Illinois Recognizes Possibility of “Takings” Resulting From Temporary Flooding
On July 8th, the Illinois Supreme Court recognized in Hampton, et al., v. Metropolitan Water Reclamation District of Greater Chicago, that Illinois courts can use the decisional factors analysis laid out by the United States Supreme Court in Arkansas Game and Fish Commission v. United States to determine if temporary flooding caused by a government authority is a “taking” that entitles the injured parties to just compensation. Arkansas Game and Fish Commission, in which PPGMR Managing Partner Julie DeWoody Greathouse served as lead trial and appellate counsel for the plaintiffs, was the first instance where the Supreme Court recognized that a temporary flooding can constitute a “taking” under the federal constitution.