United States v. Dickinson, 331 U.S. 745 (1947)
United States v. Dickinson
No. 77
Argued December 13, 1946
Decided June 16, 1947 *
331 U.S. 745
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
1. Without condemning the land, the Government dammed a river and raised the water level by successive stages until it flooded part of respondents’ land. More than 6 years after the dam began to impound water, but less than 6 years after the water reached its ultimate level, respondents sued for compensation under the Tucker Act, Judicial Code § 24(20), 28 U.S.C. § 41(20).
Held: their claims are not barred by the six-year limitation. Pp. 747-750.
2. When the Government chooses not to condemn land, but to bring about a taking by a continuing process of physical events, the owner is not required to resort either to piecemeal or to premature litigation to ascertain the just compensation for what really is "taken." P. 749.
3. When the Government takes part of a tract of land by flooding, it must pay for the damage caused by resulting erosion to the remainder of the tract. Pp. 750-751.
4. If the resulting erosion is in fact preventable by prudent measures, the cost of that prevention is a proper basis for determining the damage. P. 751.
5. When the Government takes land by flooding, it must pay the full value thereof even though the owner subsequently, with the consent of the War Department, reclaims most of it by filling. P. 751.
6. Nothing in the record of this case justifies this Court in setting aside concurrent findings by the two courts below that the landowner was entitled to compensation for an easement for the intermittent flooding of his land above the new permanent water level created by the Government’s dam. P. 751.
152 F.2d 865 affirmed.
In suits under the Tucker Act, Judicial Code § 24(20), 28 U.S.C. § 41(20), respondents recovered judgments against the Government for the value of easements taken by it to flood permanently part of their land, for damages by erosion to parts of their land, and for an easement for intermittent flooding of parts of their land. The Circuit Court of Appeals affirmed. 152 F.2d 865. This Court granted certiorari. 328 U.S. 828. Affirmed, p. 751.