17 December 2020
OMAHA, Neb. (AP)– The federal government {must|should|needs to} pay some landowners along the lower Missouri River for flooding damage {caused by|triggered by|brought on by} {changes|modifications} the Army Corps of Engineers made to the river to {protect|safeguard|secure} {endangered|threatened} {species|types}, a judge {has|has actually} ruled.
The {ruling|judgment} {this week|today} by Senior Judge Nancy Firestone, with the U.S. Court of Federal Claims, {could|might} cost the {government|federal government} {millions of|countless} dollars and increase the {cost|expense} of {protecting|safeguarding|securing} {endangered|threatened} {species|types}, The Omaha World-Herald reported.
{ADVERTISEMENT|AD}
“This is {a big|a huge} {deal|offer},” {said|stated} Anthony Schutz, an associate law {professor|teacher} at the University of Nebraska. “The {potential|prospective|possible} liability {could|might} be in the {hundreds of|numerous} {millions of|countless} dollars {depending upon|relying on} {how many|the number of} {people|individuals} are {included|consisted of}.”
The {ruling|judgment} {affects|impacts} land along the river from Sioux City, Iowa, to St. Louis, although not all landowners will {qualify for|get approved for|receive} {compensation|payment|settlement} and not all flood-related damages will be covered.
Firestone ruled that the Corps {caused|triggered} increased flooding by {changing|altering} the river’s {flow|circulation} to {improve|enhance} {habitat|environment} for some {species|types} to {comply with|adhere to|abide by} the Endangered {Species|Types} Act. The {agency|company|firm} {violated|broke|breached} constitutional {protections|securities|defenses} {against|versus} taking {property|residential or commercial property|home} without {compensation|payment|settlement} {because|since|due to the fact that} it did not pay landowners for the damage, she {said|stated}.
{Attorney|Lawyer} Dan Boulware, who represented more than 400 {plaintiffs|complainants} in the {lawsuit|suit|claim}, {said|stated} his {firm|company} {has|has actually} {tried|attempted} unsuccessfully to {negotiate|work out} a settlement with the {government|federal government}. He {expects|anticipates} the {government|federal government} to appeal.
“The {government|federal government} {needs|requires} to step up and do what’s right,” he {said|stated}.
Neither the Corps nor the U.S. Justice Department would {comment on|discuss|talk about} the {ruling|judgment}, the World-Herald reported.
U.S. senators from Nebraska, Iowa, Missouri and Kansas {wrote|composed} a letter to the secretary of the Army last month {urging|advising|prompting} the {agency|company|firm} to settle the case.
“The Corps continues to {ignore|disregard|neglect|overlook} clear liability for its actions and {instead|rather} {expresses|reveals} its intent to {exhaust|tire} all appeals {for years|for many years|for several years} to come,” the senators {wrote|composed}. “We {once|when|as soon as} again {strongly|highly} {urge|advise|prompt} that the Corps {cease|stop} {further|additional|more} {delay|hold-up} and make our constituents {whole|entire}.”
It is not a class-action {lawsuit|suit|claim}, so each {individual|private|specific} {plaintiff|complainant}’s case is {judged|evaluated} {separately|individually|independently} to {determine|identify|figure out} if damages are {warranted|required|called for|necessitated}. Firestone {said|stated} a test sample {showed|revealed} 16 of 44 {property owners|homeowner} didn’t {qualify for|get approved for|receive} damages.
The {lawsuit|suit|claim} {involves|includes} flooding from 2007 to 2015, {except|other than} for damages from {historic|historical} flooding in 2011. It {also|likewise} does not {include|consist of} flooding {last year|in 2015}, which {occurred|happened|took place} after the case was brought.
{ADVERTISEMENT|AD}
The judge ruled that the Corps {caused|triggered} {an average|a typical} {reduction|decrease} in land {values|worths} of about 25% along the river. {A specific|A particular} dollar {amount|quantity} for the losses {has|has actually} not been {determined|identified|figured out}.
The Corps does not {have to|need to} {pay for|spend for} crop damage or damage to farm {equipment|devices} and {buildings|structures}, Firestone {said|stated}. Boulware {said|stated} the {plaintiffs|complainants} are {considering|thinking about} whether to appeal that part of the {ruling|judgment}.
{Instead|Rather}, the Corps {must|should|needs to} {pay for|spend for} a “flowage easement,” a term for {privately|independently} owned {land on|arrive at|arrive on} which the Corps has some {perpetual|continuous} rights. The terms for the Corps’ {use|usage} of the land {involved in|associated with} this case {must|should|needs to} still be {determined|identified|figured out}.
.
Source: apnews.com