United States v. Cora Welch
| Decision Date | 25 April 1910 |
| Docket Number | No. 147,147 |
| Citation | 54 L.Ed. 787,217 U.S. 333,30 S.Ct. 527,19 Ann. Cas. 680 |
| Parties | UNITED STATES, Plff. in Err., v. CORA WELCH and David Welch, Her Husband, Jesse Wilson, Ella Wilson Brown, et al |
| Court | U.S. Supreme Court |
Assistant Attorney General John Q. Thompson and Messrs. A. C. Campbell and Percy M. Cox for plaintiff in error.
[Argument of Counsel from pages 333-336 intentionally omitted] Messrs. Edward S. Jouett and W. M. Beckner for defendants in error.
[Argument of Counsel from pages 336-338 intentionally omitted] Mr. Justice holmes delivered the opinion of the court:
This is a proceeding under the act of March 3, 1887, chap. 359, § 2, 24 Stat. at L. 505, U. S. Comp. Stat. 1901, p. 753, to recover the value of land taken by the United States. It is admitted that a strip of about 3 acres of land lying along the side of Four Mile creek, and running east and west, was taken, and is to be paid for. It was permanently flooded by a dam on the Kentucky river, into which Four Mile creek flows. United States v. Lynah, 188 U. S. 445, 47 L. ed. 539, 23 Sup. Ct. Rep. 349. Manigault v. Springs, 199 U. S. 473, 484, 50 L. ed. 274, 280, 26 Sup. Ct. Rep. 127. The plaintiffs owned other land south of and adjoining the strip taken, and had a private right of way at right angles to the creek, northerly, across land of other parties, to the Ford county road, which ran parallel to the creek and at some distance from it. This was the only practical outlet from the plaintiffs' farm to the county road. The taking of the intervening strip of course cut off the use of the way, and the judge who tried the case found that it lessened the value of the farm $1,700. He allowed this sum in addition to $300 for the land taken. The United States took a writ of error on the ground that the former item was merely for collateral damage not amounting to a taking and of a kind that cannot be allowed; that at most it was only a tort. The case is likened to the depreciation in value of a neighboring but distinct tract by reason of the use to which the government intends to put that which it takes. Sharp v. United States, 191 U. S. 341, 355, 48 L. ed. 211, 216, 24 Sup. Ct. Rep. 114.
The petition, like the form of the finding, lends some countenance to this contention, by laying emphasis on the damage to the farm, although it is to be noted that, even in this aspect, the damage is to the tract of which a part is taken. 191 U. S. 354. But both petition and finding in substance show clearly that the way has been...
To continue reading
Request your trial
-
Finnell v. Pitts, 8 Div. 133.
... ... well-considered decisions by the Supreme Court of the United ... States, Florida, Tennessee, Kentucky, New York, Pennsylvania, ... 539, 548, 23 S.Ct. 349; United ... [132 So. 9] ... v. Welch, 217 U.S. 333, 339, 54 L.Ed. 787, 789, 28 L. R. A ... (N. S.) 385, 30 ... ...
-
Cottrell v. Nurnberger
...Permanent Edition, Section 321; and as land, or real property, 1 Washburn on Real Estate, Sixth Edition, 34; United States v. Welch, 217 U. S. 333, 54 L. ed. 787, 30 S. Ct. 527; Panhandle Eastern Pipe Line Company v. State Highway Commission, 294 U. S. 613; 79 L. ed. 1090, 55 S. Ct. 563. An......
-
State, State Road Commission v. District Court
... ... domain differs from that adopted by many of the states, in ... that the landowner is given the right to have his damages ... provision of the Constitution of the United States, which ... provision, with an occasional change in the ... 180, 31 S.Ct. 162, 55 L.Ed. 165; ... United States v. Welch , 217 U.S. 333, 30 ... S.Ct. 527, 54 L.Ed. 787; Transportation Co. v ... ...
-
United States v. Kansas City Life Ins Co
...v. Williams, 188 U.S. 485, 23 S.Ct. 363, 47 L.Ed. 554, and same case, C.C., 104 F. 50, 53; United States v. Welch, 217 U.S. 333, 30 S.Ct. 527, 54 L.Ed. 787, 28 L.R.A.,N.S., 385, 19 Ann.Cas. 680; and United States v. Cress, supra, illustrate the development of that principle. 8 Although they......
-
"One man's ceilin' is another man's floor": property rights as the double-edged sword.
...a taking); United States v. Causby, 328 U.S. 256, 266-67 (1946) (low-flying airplanes constitute a nuisance); United States v. Welch, 217 U.S. 333, 339 (1910) (government flooding cutting off an easement requires compensation); Brewster v. City of Forney, 223 S.W. 175, 178 (Tex. Comm'n App.......
-
At last, some clarity: the potential long-term impact of Lingle v. Chevron and the separation of takings and substantive due process.
...Good [illegible; presumably something like "I agree"] OWH It has been argued that destruction is not a taking. Answered in U.S. v. Welch, 217 U.S. 333, 339 [(1910)] in which I cite a case where I [four more words that are hard to read; first appears to be "discussed" or "dismissed"; last ap......