Todd Janzen and Brianna Schroeder will present a seminar at the American Agricultural Law Association (AALA)’s Annual Educational Symposium entitled “Dammed by Data: Government-Induced Flooding as a Taking.”

Here is the session description:

In a series of cases over the past few years, courts have recognized that even temporary government-induced flooding can be a "taking" under federal or state constitutions. But proving inverse condemnation against the government can be an uphill battle. This session will use the case of Houin v. Indiana DNR to outline the application of takings law in the context of a farmer's lost crops, damaged drainage tile, and an 8-year battle to recover damages against the government, relying on caselaw from the SCOTUS, Federal Court of Appeals, Federal Claims Court, and Indiana Court of Appeals.

The case was also an example of utilizing modern agricultural data collection to prove liability and crop losses. This session will describe the ag data presented to the court from drone imagery, combine yield data, and NRCS maps, used to zero in on the losses incurred by the farm.

Link here for more information on the AALA Symposium.