Climate Change Takings Cases Relevant to Climate Change by richards • July 3, 2018 • Comments Off on Takings Cases Relevant to Climate Change Miller v. Campbell Cty., 722 F. Supp. 687 (D.Wyo. 1989) – Temporary forced evacuation from home is not a taking for 42 USC 1983 Harris Cty. Flood Control Dist. v. Kerr, 499 S.W.3d 793, 795 (Tex. 2016), reh’g denied (Oct. 21, 2016) – no takings by failing to enforce flood control plan. Litz v. Maryland Dep’t of Env’t, 446 Md. 254, 131 A.3d 923 (2016), reconsideration denied (Mar. 24, 2016) – It is possible for a plaintiff to state a claim for inverse condemnation by pleading governmental inaction in the face of an affirmative duty to act.