Board of Levee Com'rs v. Withers

Eminent domain proceedings were instituted by appellant to condemn a parcel of land owned by appellees of approximately 4.91 acres constituting a portion of a pond of about 10 acres, the remainder of which was owned by appellant. The waters of such pond were retained by a dam erected as a sublevee by appellant upon its own land. This cause involves the right of owners of the land upon which water had been impounded by the dam erected by the Levee Board on its own property, to recover consequential damages to adjacent lands in addition to the actual value of the pond site when the latter is…