Welty v. United States, No. 18-1558 (Fed. Cir. 2019)Annotate this Case
The Landowners inherited Welty Farm in Cape Girardeau County, Missouri, bordered by the Whitewater River. Givens purchased a farm bordering and downstream from the Welty Farm in 1998. Givens maintains a drainage ditch and levee system near the River and is enrolled in the Conservation Reserve Program (CRP), 16 U.S.C. 3831. Under the CRP, landowners can enter into contracts to remove environmentally sensitive land from agricultural production and to manage it in accordance with an approved conservation plan in exchange for monetary compensation from the USDA. Conservation plans for land adjacent to streams or rivers commonly require the maintenance of a “filter strip,” an area of vegetation adjacent to water to remove nutrients, sediment, organic matter, pesticides, and other pollutants from surface runoff and subsurface flow. In 2014, the Landowners sued Givens, alleging that his levee and ditch system resulted in the drainage of wetlands on Welty Farm and “caused unnatural flooding,” which rendered Welty Farm “unfit for cultivation.” The suit was dismissed. The Landowners sued the United States, claiming that the government had taken their property without just compensation by “requiring and/or approving the construction and maintenance” of the Givens levee. The Federal Circuit affirmed the dismissal of the suit. The Landowners pled no facts suggesting that the flooding was a direct and intended result of the government’s actions nor have they pled facts sufficient to show that Givens was “coerced” into constructing and maintaining his levee.