Some South Dakota landowners are part of a lawsuit claiming the federal government mismanages the Missouri River. Wednesday attorneys filed the class action lawsuit on behalf of more than 200 people who say they’re still paying for the Corps’ decisions.
A lawsuit filed in the U-S Court of Federal Claims says the government is taking private land without compensating owners. Attorney Seth Wright says it’s happening along the Missouri River, because the US Army Corps of Engineers has allowed flooding to destroy hundreds of thousands of acres of farmland.
"Over 200 people from five different states along the river have signed up and have stood up and said that the government has taken our property unjustly and has not compensated us for that, and that that’s not right," Wright says.
The lawsuit claims damage to property back to 2006. The timeline includes the 2011 Missouri Flood, which devastated land in South Dakota and neighboring states.
Wright says the suit extends back that far because 2006 marks a major policy change. He says the Army Corps’ Master Manual incorporated protection for three endangered species – and now the Corps manages the river weighing all aspects equally.
"And under the 1979 manual, flood control was undoubtedly the number one priority of the basin. In 2006, that changed. So now that manual says there are no priorities, that all of the interests are equal. And we believe that to not be an accurate statement and we believe that now flood control has become subservient to fish and wildlife interests along the river," Wright says.
The US Army Corps of Engineers manages six dams along the Missouri River.
The lawsuit includes claims from South Dakota, Iowa, Nebraska, Missouri and Kansas.
The Army Corps’ Omaha District representative says she’s aware of the lawsuit, but the Corps’ standard practice is not to comment on pending litigation.
Wright says people who believe they’ve had a loss that qualifies for the lawsuit should explore the claim’s website. The full claim filed Wednesday is also available online.