United States v. Certain Lands in Jamestown
U.S. Circuit Court for the District of Rhode Island
Proceedings by the United States for the condemnation of lands as a site for fortifications for seacoast defenses. On motion to dismiss claims for damages and on demurrer to amended claims.
1Opinion of the Court
On Motion to Dismiss.
BROWN, District Judge.
That the erection and use of a fortification for coast defense are considered by the owner of a summer residence located upon neighboring lands, not taken for the public use, “to defeat much of the purpose he had in view in the purchase thereof, and in making his erections and improvements thereon,” or even that the value of his estate is impaired thereby, gives him no right to compensation. Acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are…
2Cases cited9 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- Gibson v. United StatesSupreme Court of the United States · 1897
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
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3Cited by26 opinions
- Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
- Town of Stamford v. VuonoSupreme Court of Connecticut · 1928
- Board of Public Instruction v. Town of Bay Harbor I.Supreme Court of Florida · 1955
- Peters v. BucknerSupreme Court of Missouri · 1921
- Adaman Mutual Water Company, a Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1960
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