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" This case comes within the principle that the destruction of privately owned land by flooding is "a taking" to the extent of the destruction caused. The decisions in Pumpelly v. Green Bay Co., 13 Wall. 166; United States v. Lynah, supra; United States... "
Public Works Appropriations for 1959: Hearings ... 85th Congress, 2d Session - Page 596
by United States. Congress. House Appropriations - 1958
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 221

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1911 - 772 pages
...his property as if there had been a physical taking. Compare Lewis on Eminent Domain, 2d ed., § 67; Pumpelly v. Green Bay Co., 13 Wall. 166; United States v. Lynah, 188 US 445; United States v. Weleh, 217 US 333; Chicago &c. v. Chicago, 166 US 226; Farnham on Waters,...
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Documents of the Senate of the State of New York, Volume 35

New York (State). Legislature. Senate - Government publications - 1916 - 1538 pages
...City of Rochester, 92 N Y. 463; Waller v. State, 144 NY 579; Lakeside Paper Co. v. State, 15 AD 169; Pumpelly v. Green Bay Co., 13 Wall. 166; United States v. Lynah, 188 US 445; Loimdet V. United Slates, 105 Fed. R. 833). The right of abutting owners to use the water...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 241

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1916 - 846 pages
...Scranton v. Brown, 4 B. & C. 485; Gould on Waters, § 209. For what constitutes a "taking" of property see Pumpelly v. Green Bay Co., 13 Wall. 166; United States v. Lynah, 188 US 445; Boston & RM Co. v. Norman, 12 Pick. 467; Hooker v. NH & M. Co., 14 Connecticut, 146, 160;...
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Materials Illustrative of American Government

Rodney Loomer Mott - Local government - 1925 - 420 pages
...property in the constitutional sense, and it would be necessary to pay proper compensation therefor. (Pumpelly v. Green Bay Co., 13 Wall. 166; United States v. Lynah, 188 US 445, 468-474.) Riparian owners of navigable streams hold title thereto, subject only to the...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 339

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1950 - 1042 pages
...amounted to a taking of private property for public use within the meaning of the Fifth Amendment. This case comes within the principle that the destruction...v. Cress, supra, illustrate the development of that principle.8 Although they have been awarded compensation for the damage done to such segments of the...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 458

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1985 - 1086 pages
...US 92 (1893), cited ante, at 428. In 1950, the Court noted that the first line of cases stands for "the principle that the destruction of privately owned...taking' to the extent of the destruction caused," and that those rulings had already "been limited by later decisions in some respects." United States...
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Environment, Property, and the Law: Federal and State Case ..., Volume 1

Ronald H. Rosenberg - Law - 1997 - 430 pages
...US 92 (1893), cited ante, at 428. In 1950, the Court noted that the first line of cases stands for "the principle that the destruction of privately owned...taking' to the extent of the destruction caused," and that those rulings had already "been limited by later decisions in some respects." United States...
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Public Works Appropriations for 1958: Hearings Before the ..., Volume 3

United States. Congress. House. Committee on Appropriations - Public works - 1959 - 992 pages
...within the bed of the river, this Court remanded the case to the District Court to resolve that factual Issue. This case comes within the principle that the...extent of the destruction caused. The decisions in Pumpellv v. Green Bay Co., 13 Wall. 166; United States v. Lynah, supra; United States v. Williams,...
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