Town of Linden v. Birge
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The Supreme Court vacated the order of the trial court concluding that a constitutional taking of Landowners' property occurred from government-induced flooding, holding that whether the flooding's interference was substantial enough to create a taking was a question left unresolved by the trial court's findings.
In 2009, the Town of Linden and Montgomery County approved a drainage-improvement plan that called for a reconstruction project that included a drainage easement on Landowners' property. After completion of the project, portions of Landowners' property flooded after any heavy rainfall, encumbering their farming enterprise. Landowners sued the Town and County for inverse condemnation. After remand, the trial court concluded that the project amounted to a taking. The Supreme Court vacated the trial court's order, holding (1) the trial court properly analyzed the government-induced flooding as a permanent physical invasion; and (2) the statutory right of entry set forth in Ind. Code Ann. 36-9-27-33 does not exempt a county from liability for a takings claim.
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