Merriam v. United States
United States Court of Claims
The Reporters’ statement of tbe case: Tbe averments of tbe petition demurred to will be found set forth in tbe opinion of tbe court. Mr. Samuel Putnam (with whom was Mr. Assistant Attorney-General Dodge) for tbe demurrer.
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The Reporters’ statement of tbe case: Tbe averments of tbe petition demurred to will be found set forth in tbe opinion of tbe court. Mr. Samuel Putnam (with whom was Mr. Assistant Attorney-General Dodge) for tbe demurrer. It may be conceded, under tbe authority of Pumpelly v. Green Bay Company (13 Wallace, 166) that tbe permanent flooding of land by tbe Government is an exercise of its sovereign right of eminent domain, and is such a “talcing” as is contemplated by tbe fifth amendment of tbe Constitution of tbe United States. Conceding, then, tbe liability of defendant for this taking tbe…
1Opinion of the CourtWeldon, J.
The petition of claimants alleges that they are citizens and residents of the State of Ohio; that since the 8th day of May, 1871, they have been owners in fee simple of certain lands in said State, amounting to 580.60 acres, abutting upon the Mus-kingum River, in said State; that in 1840 the State of Ohio completed the erection of a system of dams and locks on said river, and that the State held the control and proprietorship of said system of locks and dams, known as the “Muskingum River improvement,” continuously until the 31st day of January, 1878; that about said time the dams and locks,…
2Cases cited15 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Langford v. United StatesSupreme Court of the United States · 1880
- United States v. JonesSupreme Court of the United States · 1883
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- United States v. JonesSupreme Court of the United States · 1889
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3Cited by5 opinions
- United States v. American Surety Co.U.S. Circuit Court for the Northern District of Illnois · 1907
- Sponenbarger v. United StatesDistrict Court, E.D. Arkansas · 1937
- Alexander v. United StatesUnited States Court of Claims · 1904
- School Board of Carolina v. SaldañaSupreme Court of Puerto Rico · 1908
- Smith v. United StatesUnited States Court of Claims · 1897