Regulatory Alerts2026-02-09
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Sanguinetti v. United States
The United States Supreme Court affirmed the Court of Claims' dismissal of a petition seeking damages for intermittent flooding caused by a government-constructed canal in California. The Court held that the temporary overflow did not constitute a taking under the Fifth Amendment because it did not permanently oust the landowner or destroy the property's utility. Consequently, the United States was not liable for the indirect and consequential injuries, as the flooding was not intended, anticipated, or directly attributable to the improvement rather than natural conditions.
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