On October 3, 2012, the Supreme Court heard oral argument in Arkansas Game and Fish Commission v. United States. The question in this case is whether government action that permits recurring flood invasions of a state wildlife management area--with resulting damage to timber contained therein--must be action of a permanent character to give rise to a takings claim for just compensation.
To discuss the case, we have Richard Epstein, professor at New York University School of Law and professor emeritus at the University of Chicago Law School.
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