Is the Intentional Flooding of Homes a Government Taking?

In the wake of massive flooding caused by Hurricane Harvey, the US Army Corps of Engineers sought to limit the damage by engaging in “controlled release” flooding. Unfortunately, this inflicted extensive damage on thousands of homes and businesses. Numerous owners have filed lawsuits in the US Court of Federal Claims, arguing that the deliberate flooding of their property constitutes a “taking” of their property, for which the government must pay “just compensation” as required by the Takings Clause of the Fifth Amendment.