superinduced additions of water, earth, sand, or other material, or by having any artificial structure placed on it, so as to effectually destroy or impair its usefulness, it is a taking within the meaning of the Constitution”); see also Tuthill Ranch, 381 F.3d at 1136 (discussing these and other flooding cases). But, these cases involve situations in which public works created artificial structures which caused flooding where no such conditions naturally existed. Such is not the case here — the alleged taking is instead predicated upon flooding that occurred as the consequence of reversionary engineering designed to place the property back to its natural state. See Sharon S. Tisher, “Everglades Restoration: Constitutional Takings Analysis,” 10 J. Land Use & Envtl. L. 1, 8, 12 (1994) (<HOLDING>). Rather than assisting plaintiff, the
recognizing distinction between tolling and estoppel recognizing distinction between smith and mcdonnell recognizing distinction between two types of waiver recognizing this distinction recognizing a distinction between actions that divert versus restore natural forces