United States v. Commodore Park, Inc., 324 U.S. 386 (1945)

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United States v. Commodore Park, Inc.


No. 495


Argued February 9, 1945
Decided March 26, 1945
324 U.S. 386

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

1. An owner of land in the bed of a navigable stream between high and low water mark, though his title is recognized by the State, is not entitled to compensation from the United States for a decrease in the value of the land resulting from operations by the United States for the improvement of navigation. P. 390.

2. A riparian owner whose fast lands were not invaded is not entitled to compensation from the United States for a decrease, resulting from operations by the United States for the improvement of navigation, in such value as his lands may have had by reason of their proximity to navigable waters. P. 390.

3. A project pursuant to which a navigable water was dredged and the dredged material was deposited in a connecting navigable water, though originated for the improvement of shore facilities and though navigation of the connecting water was thereby blocked, was an integrated project which bore a substantial relation to commerce or navigation, and the rule of governmental nonliability was applicable. P. 391.

4. The constitutional power of the federal government to regulate commerce may be exercised to block navigation at one place in order to aid it at another. P. 393.

143 F.2d 720 reversed.

Certiorari, 323 U.S. 698, to review the affirmance of a judgment for the plaintiff in a suit against the United States under the Tucker Act.