Dec 18, 2020

Judge rules Army Corps violated landowner rights in habitat change

Posted Dec 18, 2020 1:03 PM

By BRENT MARTIN

St. Joseph Post

Missouri River flood victims might be getting a check from the federal government after a federal judge ruled Army Corps of Engineers’ efforts to protect endangered species violated their rights.

US Court of Federal Claims Judge Nancy Firestone rules the Corps caused flooding when it changed habitat on the Missouri River in an effort to comply with the Endangered Species Act. Her ruling finds the Corps violated the constitutional rights of landowners, in effect, taking their property without compensation.

The Ideker Farms vs. the US ruling could have wide-ranging impact. Property owners from Sioux City, Iowa all the way to St. Louis have been affected by the Corps management of the Missouri River and could be in line for payment.

The ruling has its limits and is not expected to cover all flood-related damages.

Firestone has set a January 15th deadline for the federal government to propose payments due landowners.