Heyward v. United States

I concur in the conclusion reached in this case because of the Lynah case. But for that case, I would conclude that the principle announced in Gibson's case, 166 U. S., 269, 29 C. Cls., 18; Bedford's case, 192 U. S., 217, 36 C. Cls., 474, and Greenleaf v. Garrison, 237 U. S., 251, would govern.

The lands claimed to have been taken were subject to tidal overflow twice daily until by embankments and other artificial means overflows were controlled and the lands drained at low tide. In improving the navigation of Savannah River the Government was exercising a constitutional right and power. Its…