A unanimous Illinois Supreme Court ruled that temporary flooding can cause a taking under the Illinois Constitution. In Hampton et al. v. the Metropolitan Water Reclamation District of Greater Chicago, homeowners alleged that Chicago’s water reclamation district violated Illinois’ takings clause by diverting stormwater onto their properties.
The lower state court wanted to know if the U.S. Supreme Court’s 2012 decision in Arkansas Game was at odds with prior Illinois law. The Illinois Supreme Court held that the prior law was not an absolute bar to temporary flooding takings suits and that courts would need to examine the facts of each case to determine if there was a taking.