|
|
United States v. Kansas City Life Ins. Co., 339 U.S. 799 (1950)
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.
United States v. Kansas City Life Ins. Co., 339 U.S. 799 (1950)
United States v. Kansas City Life Ins. Co. No. 1 Argued October 20, 1948 Reargued March 29, 1950 Decided June 5, 1950 339 U.S. 799
CERTIORARI TO THE COURT OF CLAIMS
Syllabus
Respondent owned farm land in Missouri on a nonnavigable tributary of a navigable river, the land not being in any sense within the bed of the river. In the interest of navigation, the United States constructed on the river a dam which maintained the river continuously at ordinary high water level. As a result, the agricultural value of part of respondent’s land was destroyed by underflowing.
Held:
1. The United States was liable for the destruction of the agricultural value of the land above the ordinary high water mark of the river, even though maintenance of the river continuously at that mark was in the interest of navigation. Pp. 804-808.
(a) The ordinary high water mark is the limit of the bed of the stream, and the navigation servitude does not extend to respondent’s land beyond the bed of the navigable river. Pp. 805-808.
2. The destruction of the agricultural value of the land was a taking of private property for public use within the meaning of the Fifth Amendment of the Federal Constitution, even though there was no actual overflowing of the land. Pp. 809-811.
3. The findings of the Court of Claims in this case sufficiently describe the interest taken by the United States and for which an award of compensation was made to respondent. Pp. 811-812.
109 Ct.Cl. 555, 74 F.Supp. 653, affirmed.
The Court of Claims made an award of compensation to respondent on a claim against the United States for a taking of property of the respondent for public use. 109 Ct.Cl. 555, 74 F.Supp. 653. This Court granted certiorari. 334 U.S. 810. Affirmed, p. 812.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Kansas City Life Ins. Co., 339 U.S. 799 (1950) in 339 U.S. 799 339 U.S. 800. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=FNNXQJ4I54WWWGF.
MLA: U.S. Supreme Court. "Syllabus." United States v. Kansas City Life Ins. Co., 339 U.S. 799 (1950), in 339 U.S. 799, page 339 U.S. 800. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FNNXQJ4I54WWWGF.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Kansas City Life Ins. Co., 339 U.S. 799 (1950). cited in 1950, 339 U.S. 799, pp.339 U.S. 800. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=FNNXQJ4I54WWWGF.
|