Yearsley v. W. A. Ross Construction Co., 309 U.S. 18 (1940)
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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.
Yearsley v. W. A. Ross Construction Co., 309 U.S. 18 (1940)
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Yearsley v. W. A. Ross Construction Co. No. 156 Argued January 3, 4, 1940 Decided January 29, 1940 309 U.S. 18
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. A contractor working for improvement of river navigation in conformity with a contract with the Government authorized by a valid Act of Congress, is not liable for injury resulting to private riparian land, even though what is so done amounts to a taking of property by the Government. P. 20.
Where an agent or officer of the Government, purporting to act on its behalf, has been held to be liable for his conduct causing injury to another, the ground of liability has been found to be either that he exceeded his authority or that it was not validly conferred.
2. For a taking of private property in the course of authorized navigation improvement, the Government impliedly promises to pay just compensation, recoverable by suit against the United States in the Court of Claims. P. 21.
3. The remedy thus afforded is plain and adequate, and satisfies the Fifth Amendment. Payment in advance of taking is not required by the Amendment. Pp. 21-22.
103 F.2d 589 affirmed.
Certiorari, 308 U.S. 538, to review the reversal of a judgment recovered by the present petitioners in an action against the respondent for damages to their riparian lands.
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Chicago: U.S. Supreme Court, "Syllabus," Yearsley v. W. A. Ross Construction Co., 309 U.S. 18 (1940) in 309 U.S. 18 309 U.S. 19. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HEZ9ALVHXF2SEMN.
MLA: U.S. Supreme Court. "Syllabus." Yearsley v. W. A. Ross Construction Co., 309 U.S. 18 (1940), in 309 U.S. 18, page 309 U.S. 19. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HEZ9ALVHXF2SEMN.
Harvard: U.S. Supreme Court, 'Syllabus' in Yearsley v. W. A. Ross Construction Co., 309 U.S. 18 (1940). cited in 1940, 309 U.S. 18, pp.309 U.S. 19. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HEZ9ALVHXF2SEMN.
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