Mississippi  |  Business Law

Legal Question

Asked on: 6/29/13, 5:45 pm

Sam owns an acre of land on Red River. The government dams the river. A lake forms behind the dam, covering Sam's land. Does the government owe Sam anything?

1 Answer

Answered on: 6/29/13, 9:50 pm by Timothy Matusheski

Not until you get a judgment against the "government". Sam may have a claim for just compensation pursuant to the takings clause in the Fifth Amendment of the United States Constitution. Sam may have a claim under Mississippi eminent domain statutes. Sam may have a claim under the Mississippi or federal tort claims act. However, without knowing what government caused Sam's land to flood, the answer cannot be answered definitively.

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Law Offices of Timothy J. Matusheski 708 Horton St New Smyrna Beach, FL 32169

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