United States v. Rands, 389 U.S. 121 (1967)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Respondents owned land along the Columbia River in Oregon which the United States condemned in connection with a lock and dam project. In the condemnation action the trial court allowed compensation for sand, gravel, and agricultural purposes, but not for the land’s special value as a port site. The Court of Appeals reversed, holding that exclusion of the port-site value of respondents’ land contravened the Fifth Amendment as well as the policy of the Submerged Lands Act.

Held:

1. The interests of riparian owners are subject to the Government’s power to control navigable waters and the proper exercise of that power is not compensable under the Fifth Amendment. United States v. Twin City Power Co., 350 U.S. 222 (1956), followed. Pp. 122-127.

2. The Submerged Lands Act merely confirmed and vested in the States title to lands beneath navigable waters within their boundaries, but expressly reserved to the United States its dominant navigational servitude. P. 127.

367 F.2d 186, reversed and remanded.