E-Stueve Bros. Farms , LLC, et al. v. United States, No. 11-799 L, 2012 U.S. Claims LEXIS 1295 (Fed. Cl. Oct. 26, 2012), on reconsideration from E-Stueve Bros. Farms, LLC, et al v. United States, No. 11-799 L, 2012 U.S. Claims LEXIS 750 (Jul. 2, 2012)

(landowners filed takings case against U.S. Army Corps Of Engineers based on improvements Corps made to Prado Dam that could increase flood levels on landowners’ land if water is released; plaintiffs claimed that improvements effectively blocked their land from being zoned for future residential or commercial development; when local flood control districts began buying parcels in 1990s, landowners offered up to $9 million for their land, but landowners presented counteroffer of $21 million which was rejected; in lawsuit, plaintiffs sought $60 million in compensation plus interest and attorney fees and costs; court rejected taking claim on basis that plaintiffs had not demonstrated that permanent flooding or repeat flooding would inevitably recur; changes in property value resulting from flood control projects cannot be considered “takings” of property under the constitution absent actual flooding; on reconsideration, court held that plaintiffs failed to meet requirements for reconsiderations and motions for leave to amend complaint, and plaintiffs failed to convince court that no physical taking of flowage easement occurred; reconsideration appropriate to extent plaintiffs assert taking claim for portion of property alleged to be occupied by surveyor’s monuments; plaintiffs allowed to amend complaint to plead claim for physical taking of portion of property allegedly  occupied by surveyor’s monuments).