The United States government spends an incredible amount of resources and tax dollars attempting to reduce the risk of flooding on private properties. Though undoubtedly helpful, nothing is perfect. Individuals devastated by flooding damage are often left with little redress but may seek compensation through takings litigation. The Fifth Amendment to the U.S. Constitution prohibits the government from taking private property for public use without just compensation. Property owners can file lawsuits in the Court of Federal Claims seeking compensation for the taking of their property. Flooding litigation in the Court of Federal Claims typically involves property owners alleging that the federal government’s actions, such as building dams or levees, caused their land to flood or become inundated with water, resulting in a taking of their property without just compensation.

This two-hour program is designed to provide insight on the complex area of Fifth Amendment takings, with a particular focus on flooding litigation in the Court of Federal Claims. In this program, participants will learn about the unique substantive and procedural issues involved in flooding cases, including the causation and liability requirements for a successful claim.

Topics to be covered in the course include:

• The constitutional and statutory frameworks for takings claims
• The history and evolution of takings litigation
• Flooding litigation in the Court of Federal Claims
• The causation and liability requirements for takings claims based on flooding
• Insight into rails-to-trails cases
• The role of experts in proving causation and damages
• Remedies available for takings claims
• A look inside legal and judicial professions concerned with takings litigation

Overall, this course will provide upcoming and current legal professionals with a comprehensive understanding of Fifth Amendment takings and flooding litigation, enabling them to effectively represent clients—either property owners or the government—in this complex area of law. Participants will have the opportunity to engage in interactive discussions, as well as receive practical guidance on litigating these claims in the Court of Federal Claims.

This stellar panel discussion will feature Judge Eleni Roumel of the United States Court of Federal Claims (and a Tulane alumna); Mr. David Harrington of the Environment & Natural Resources Division of the Department of Justice representing the defendants’ bar; and Mr. Benjamin Brown, partner at Cohen Milstein, representing the plaintiffs’ bar. Each will provide a different, invaluable perspective on the background, practicalities, and challenges of takings claims and flooding litigation. This program will take place in-person at Tulane Law School on April 21, 2023. Live streaming will be available to members of the Court of Federal Claims Bar Association. Please note that live streaming will not qualify for CLE credit.