Willink v. United States, 240 U.S. 572 (1916)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Willink v. United States, 240 U.S. 572 (1916)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 240 U.S. 564, click here.
Willink v. United States No. 180 Argued January 21, 1916 Decided April 3, 1916 240 U.S. 572
APPEAL FROM THE COURT OF CLAIMS
Syllabus
The mere location by the Secretary of War of a harbor line does not amount to a taking of property within the line or its appropriation to public use, nor does a taking result from the request of an officer of the United States to a riparian owner to vacate if such request is neither acceded to nor enforced.
The fact that the government make a contract to cut away land within a harbor line location does not amount to a taking of such land if there was no attempt to perform the contract.
Whatever rights a riparian owner may have in land below mean high water line of a navigable and tidal river, they are subordinate to the public right of navigation and the power of Congress to employ all appropriate means to keep the river open and navigation unobstructed.
Congress may prevent renewal of existing obstructions below mean high water, if navigation may be injuriously affected thereby, and the owner is not entitled to compensation therefor.
In this case, a riparian owner on the Savannah River was held not to be entitled to recover as upon an implied contract for taking his property by reason of damages alleged to have been sustained by him in consequence of the exercise of the power of Congress over navigable waters.
38 Ct.Cl. 693, 49 Ct.Cl. 701, affirmed.
The facts, which involve the right of the owner of a wharf in the harbor of the Savannah River to recover from the government as upon an implied contract for the taking of his property in the improvement of that harbor, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Willink v. United States, 240 U.S. 572 (1916) in 240 U.S. 572 240 U.S. 573–240 U.S. 577. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=9X4X1Z7GITNK1UK.
MLA: U.S. Supreme Court. "Syllabus." Willink v. United States, 240 U.S. 572 (1916), in 240 U.S. 572, pp. 240 U.S. 573–240 U.S. 577. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9X4X1Z7GITNK1UK.
Harvard: U.S. Supreme Court, 'Syllabus' in Willink v. United States, 240 U.S. 572 (1916). cited in 1916, 240 U.S. 572, pp.240 U.S. 573–240 U.S. 577. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=9X4X1Z7GITNK1UK.
|