United States v. Chandler-Dunbar Water Power Co.
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OP THE UNITED STATES POR THE WESTERN DISTRICT OP MICHIGAN.' These writs of error are for the purpose of reviewing a judgment in a condemnation proceeding instituted by the United States under the eleventh section of an act of Congress of March 3, 1909, 35 Stat., pp. 815, 820, c. 264. The section referred to is set out in the margin.1 The notice of condemnation required by the statute was duly given by the Secretary of War and this proceeding was…
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ERROR TO THE DISTRICT COURT OP THE UNITED STATES POR THE WESTERN DISTRICT OP MICHIGAN.' These writs of error are for the purpose of reviewing a judgment in a condemnation proceeding instituted by the United States under the eleventh section of an act of Congress of March 3, 1909, 35 Stat., pp. 815, 820, c. 264. The section referred to is set out in the margin.1 The notice of condemnation required by the statute was duly given by the Secretary of War and this proceeding was instituted against all the corporations and persons supposed to have any interest in the property sought to be condemned.…
1Opinion of the CourtJustice Lurton
From the foregoing it will be seen that the controlling questions are, first, whether the Chandler-Dunbar Company has any private property in the water power capacity of the rapids and falls of the St. Marys River which has been “taken," and for which compensation must be made under the Fifth Amendment to the Constitution; and, second, if so, what is the extent of its water power right and how shall the compensation be measured?.
That compensation must be made for the upland taken is not disputable. The measure of compensation may in a degree turn upon the relation of that species of property…
2Cases cited16 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
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3Cited by444 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- United States v. MillerSupreme Court of the United States · 1943
- Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
- Olson v. United StatesSupreme Court of the United States · 1934
439 more not listed; retrieve them via the Exa API.