United States v. Grizzard
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. The facts are stated, in the opinion. The closing of public highways, such as^ streets, roadways and alleys, when done under and pursuant to authority conferred by a valid act, and where there has been no want of reasonable care or skill in the execution of the power, does not constitute a taking of private property within the meaning of the Constitution.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. The facts are stated, in the opinion. The closing of public highways, such as^ streets, roadways and alleys, when done under and pursuant to authority conferred by a valid act, and where there has been no want of reasonable care or skill in the execution of the power, does not constitute a taking of private property within the meaning of the Constitution. This is especially true where ingress and egress to and from land has been closed in but one direction. At most, the damages arising therefrom have been…
1Opinion of the CourtJustice Lurton
Action by the owners of a farm for a taking of a part thereof by the United States for public purposes. Judgment for the plaintiff below.
The farm of the defendants in error lies upon Tates Creek, a tributary of the Kentucky River. For the purpose of improving the navigation of that stream the Gov- eminent has erected a series of locks and dams. As a consequence the waters of Tates Creek are backed up to such an extent as to flood or submerge a strip of the Grizzard farm, permanently destroying its use for agricultural' purposes. The court below, a jury being waived, found that seven and a…
2Cases cited5 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Bauman v. RossSupreme Court of the United States · 1897
- United States v. LynahSupreme Court of the United States · 1903
- Sharp v. United StatesSupreme Court of the United States · 1903
- United States v. WelchSupreme Court of the United States · 1910
3Cited by151 opinions
- United States v. MillerSupreme Court of the United States · 1943
- United States v. DickinsonSupreme Court of the United States · 1947
- United States v. 14.38 Acres of Land, More or Less Situated in Leflore County, MississippiCourt of Appeals for the Fifth Circuit · 1996
- United States v. CressSupreme Court of the United States · 1917
- Miller v. United StatesUnited States Court of Claims · 1980
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