Riparian Damages on the East Bank of the Mississippi River

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U.S. Government Printing Office, 1912 - Electronic books - 69 pages
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Page 61 - It would be a very curious and unsatisfactory result If, In construing a provision of constitutional law always understood to have been adopted for protection and security to the rights of the individual as against the government, and which has received the commendation of jurists, statesmen, and commentators, as placing the just principles of the common law on that subject beyond the power of ordinary legislation to change or control them...
Page 64 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Page 61 - ... if the Government refrains from the absolute conversion of real property to the uses of the public, it can destroy its value entirely, can inflict irreparable and permanent injury to any extent, can, in effect, subject it to total destruction without making any compensation, because, in the narrowest sense of that word, it is not taken for the public use.
Page 59 - But acts done In the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of the constitutional provision.
Page 59 - Undoubtedly compensation must be made or secured to the owner when that which iť done is to be regarded as a taking of private property for public use...
Page 59 - Amendment we have heretofore quoted. Congress has supreme control over the regulation of commerce, but if, in exercising that supreme control, it deems it necessary to take private property, then it must proceed subject to the limitations imposed by this Fifth Amendment, and can take only on payment of just compensation.
Page 59 - In those cases there was a physical invasion of the real estate of the private owner, and a practical ouster of his possession.
Page 32 - The backing of water so as to overflow the lands of an individual, or any other superinduced addition of water, earth, sand, or other material or artificial structure placed on land, if done under statutes authorizing it for the public benefit, is such a taking as by the constitutional provision demands compensation": Pumpclly v. Canal Co., 80 US (13 Wall.) 166, 20 L. ed. 557. b. Damage to Property Itself. — This somewhat liberal interpretation of the word "taken...
Page 64 - Concurrent with the Court of Claims, of all claims not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Page 50 - August 11, 1888, Congress appropriated for — Improving Minnesota River, Minnesota, including protecting and holding the banks opposite the borough of Belle Plaine, so as to prevent the river from cutting through the narrow neck of land at that point and thereby changing its channel and course, $10,000.

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