State ex rel. Remley v. Meek
Supreme Court of Iowa
Appeal from Wapello District Court. — IIon. F. W. Eiciielberger, Judge. Tiie statement of tlie issues we tahe from tbe brief of appellant’s counsel. . Its correctness is conceded, save as to one matter, which will bo noticed in proper connection. The state of Iowa, as a part of tlie plan for the improvement of the navigation of the Des Moines river, authorized by chapter 113, Acts First Genera] Assembly, and subsequent acts, constructed a dam, with lochs, at Bonaparte.
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Appeal from Wapello District Court. — IIon. F. W. Eiciielberger, Judge. Tiie statement of tlie issues we tahe from tbe brief of appellant’s counsel. . Its correctness is conceded, save as to one matter, which will bo noticed in proper connection. The state of Iowa, as a part of tlie plan for the improvement of the navigation of the Des Moines river, authorized by chapter 113, Acts First Genera] Assembly, and subsequent acts, constructed a dam, with lochs, at Bonaparte. The dam ivas completed in tlie year 1852. The state transferred the use of the dam to the Des Moines Navigation & Railroad…
1Opinion of the CourtWaterman, J.
Nothing is claimed in argument by defendants on the issue that section 2548 of the Code, which declares any dam constructed or maintained without a fish-way to be a nuisance, is in violation of section 18, article 1, of the constitution of the state. This provision of the constitution prohibits the taking of private property for public use without making just compensation. Because of the fact that this matter is not pressed in argument, we might properly pass it without further remark; but wo deem it proper to say that this point is settled against defendants’ pleaded claim by the case of…
2Cases cited12 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- Newton v. CommissionersSupreme Court of the United States · 1880
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
- Martin v. BlattnerSupreme Court of Iowa · 1886
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3Cited by10 opinions
- Harris v. StateSupreme Court of Georgia · 1941
- State v. RoachSupreme Court of Kansas · 1910
- Black v. MillerSupreme Court of Iowa · 1912
- State ex rel. Hanrahan v. MillerSupreme Court of Iowa · 1959
- State ex rel. Hanrahan v. MillerSupreme Court of Iowa · 1959
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