United States v. Kansas City Life Insurance
Opinion of the Court
On writ of certiorari (334 U. S. 810) to review a judgment of the Court of Claims awarding just compensation for the
The judgment of the Court of Claims was affirmed, June 5, 1950.
The opinion of the Supreme Court was delivered by Mr. Justice Burton.
The syllabus of the Supreme Court’s decision is as follows:
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.
(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.
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.
8. 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.
Reference
- Full Case Name
- United States v. KANSAS CITY LIFE INSURANCE COMPANY
- Status
- Published