Wayne County v. United States
United States Court of Claims
The Reporter’s statement of the .case: It seems clear from the record that the destruction of this road was caused, not by the maintenance of water at pool level, but by the frequent floods and rises occurring after the construction of the dam.
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The Reporter’s statement of the .case: It seems clear from the record that the destruction of this road was caused, not by the maintenance of water at pool level, but by the frequent floods and rises occurring after the construction of the dam. As this is not a taking in the view of the court in the recent opinion in the Marion County case, it follows that the petition herein should be dismissed. ' Although such a contingency is not looked for, possibly the court may hold that there is a taking within the decision in the Marion Cownty case. In that event the defendants still submit that no…
1Opinion of the Court
PER CuRiam :
The facts found and the conclusions stated apparently leave no room for discussion except upon one point, and that is whether the taking was a taking of private property within the meaning of the Fifth Amendment to the Constitution.
The fee of the road taken is assumed to have been in the abutting property owner in accordance with the general rule in the State of Kentucky. The county’s property was an easement which it held in trust for the benefit of the public.
*424While such property is within most of the definitions of public and not private property, we are of the opinion that for…
2Cases cited1 opinion
- Coyle v. GraySupreme Court of Delaware · 1884
3Cited by9 opinions
- Jefferson County, Tenn. v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 1945
- United States v. AhoDistrict Court, D. Oregon · 1944
- United States v. Certain Parcels of Land in City of BaltimoreDistrict Court, D. Maryland · 1942
- United States v. AldersonDistrict Court, S.D. West Virginia · 1944
- United States v. Certain Parcels of Land Situated in FairfieldDistrict Court, D. Maryland · 1944
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