AC 502 Stanford University Arkansas Power And Light Discussion

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Between 1923 and 1947, Arkansas Power & Light (AP&L)
constructed dams on two Arkansas lakes, Hamilton and Catherine. The
company obtained “flood easements” on property adjoining the lakes. The
easements permitted AP&L to “clear of trees, brush and other
obstructions and to submerge by water [the adjoining land].” AP&L
properly recorded its easements.

In May 1990, extraordinarily heavy rains fell, and water reached the
highest levels ever recorded. AP&L opened the gates of one dam,
called Carpenter, causing water to rise 25 feet. This flood caused
massive damage to the landowners’ real estate. Several dozen landowners
sued, claiming that AP&L was negligent in opening the dam and in
failing to warn homeowners of their intended action. The United States
District Court granted summary judgment for AP&L, and the landowners

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