United States v. Lucinda Grizzard, No. 66

CourtUnited States Supreme Court
Writing for the CourtLurton
Citation55 L.Ed. 165,31 S.Ct. 162,219 U.S. 180
Docket NumberNo. 66
Decision Date03 January 1911
PartiesUNITED STATES, Plff. in Err., v. LUCINDA GRIZZARD, William Grizzard, Mrs. Lila Chaney, and Wilson Chaney

219 U.S. 180
31 S.Ct. 162
55 L.Ed. 165
UNITED STATES, Plff. in Err.,

v.

LUCINDA GRIZZARD, William Grizzard, Mrs. Lila Chaney, and Wilson Chaney.

No. 66.
Argued December 6, 1910.
Decided January 3, 1911.

Assistant Attorney General John Q. Thompson and P. M. Cox for plaintiff in error.

Page 181

No appearance for defendants in error.

Mr. Justice Lurton delivered the opinion of the court:

Action by the owners of a farm for a taking of a part thereof by the United States for public purposes. Judgment for the plaintiffs below.

The farm of the defendants in error lies upon Tates creek, a tributary of the Kentucky river. For the purpose of improving the navigation of that stream, the government

Page 182

has erected a series of locks and dams. As a consequence, the waters of Tates creek are backed up to such an extent as to flood or submerge a strip of the Grizzard farm, permanently destroying its use for agricultural purposes. The court below, a jury being waived, found that 7 1/2 acres of land had been actually taken. He then added:

1. 'That in addition there is taken an easement of access from plaintiff's land by way of the county road to the Tates creek pike.

2. 'That the whole land was worth $3,000 before said taking, and what was left after the taking was worth $1,500.

3. 'I divide the damage by reason of the taking between the land taken and the easement of access, taken equally; i. e., I allow $750 for the land taken, and a like sum of $750 for the easement of access taken.

'I therefore conclude as a matter of law that plaintiffs are entitled to a judgment for $1,500.'

The errors assigned relate only to so much of the judgment as allows damages for the 'easement of access,' referred to in the findings above set out. That there was a taking by flooding permanently the 7 1/2 acres, valued at $750 by the court below, is not contested. Pumpelly v. Green Bay & M. Canal Co. 13 Wall. 166, 20 L. ed. 557; United States v. Lynah, 188 U. S. 445, 47 L. ed. 539, 23 Sup. Ct. Rep. 349; United States v. Welch, 217 U. S. 333, 54 L. ed. 787, 30 Sup. Ct. Rep. 527; High Bridge Lumber Co. v. United States, 16 C. C. A. 460, 37 U. S. App. 234, 69 Fed. 323.

The contention is that the 'easement of access' destroyed, and therefore taken, was not a private right of way constituting property such as that for which compensation was allowed in United States v. Welch, but was a public county road; and reference has been made to the well-known class of cases touching an injury to land not taken by the construction of a railroad along and upon an abutting public road, or a change of grade, to the damage

Page 183

of adjacent property, and like indirect injuries to the use of property adjacent, but of which no part was taken from the owner. Northern Transp. Co. v. Chicago, 99 U. S. 635; 25 L. ed. 336; Sharp v. United States, 191 U. S. 341, 48 L. ed. 211, 24 Sup. Ct. Rep. 114.

But here there has been an actual taking by permanently flooding a part of the farm of the defendants in error. An incident of that flooding is that a public road running across the flooded land is also flooded. But if this were not so, and the roadway had simply been cut off by the interposition of the flooded portion of the farm, the damage would be the same. Since, therefore, there has been a taking of a part of the owners' single tract, and damage has resulted to the owners' remaining interest by...

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103 practice notes
  • U.S. v. 101.88 Acres of Land, More or Less, Situated in St. Mary Parish, State of La., No. 77-2768
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 5 Mayo 1980
    ...landowner's remaining land proximately caused by the taking itself, and by the use of the land taken. In United States v. Grizzard, 1911, 219 U.S. 180, 183, 31 S.Ct. 162, 164, 55 L.Ed. 165, 166, the Supreme Court Whenever there has been an actual physical taking of a part of a distinct trac......
  • State Highway Commission v. Knight, 31160
    • United States
    • Mississippi Supreme Court
    • 9 Abril 1934
    ...County, 78 Miss. 308, 28 So. 875; Covington Co. v. Watts, 120 Miss. 428, 82 So. 309; U. S. v. Cress, 243 U.S. 316; U. S. v. Grizzard, 219 U.S. 180. The Supreme Court has set at rest the liability of a county in cases like the one at bar. Covington County v. Watts, 120 Miss. 428; Herod v. Ca......
  • United States v. Crary
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • 24 Octubre 1932
    ...the tract of which a part is sought to be taken. See Sharp v. U. S., 191 U. S. 341, 354, 24 S. Ct. 114, 48 L. Ed. 211; U. S. v. Grizzard, 219 U. S. 180, 183, 184, 185, 31 S. Ct. 162, 55 L. Ed. 165, 31 L. R. A. (N. S.) 1135; U. S. v. Cress, 243 U. S. 316, 329, 37 S. Ct. 380, 61 L. Ed. 746; U......
  • Owen v. U.S., No. 87-1405
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 18 Julio 1988
    ...fast land due to government improvements to navigation found to be compensable by the Supreme Court. See, e.g., United States v. Grizzard, 219 U.S. 180, 31 S.Ct. 162, 55 L.Ed. 165 (1911) (compensation allowed for land taken and for loss of easement due to Page 1416 flooding); Pumpelly v. Gr......
  • Request a trial to view additional results
103 cases
  • U.S. v. 101.88 Acres of Land, More or Less, Situated in St. Mary Parish, State of La., No. 77-2768
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 5 Mayo 1980
    ...landowner's remaining land proximately caused by the taking itself, and by the use of the land taken. In United States v. Grizzard, 1911, 219 U.S. 180, 183, 31 S.Ct. 162, 164, 55 L.Ed. 165, 166, the Supreme Court Whenever there has been an actual physical taking of a part of a distinct trac......
  • State Highway Commission v. Knight, 31160
    • United States
    • Mississippi Supreme Court
    • 9 Abril 1934
    ...County, 78 Miss. 308, 28 So. 875; Covington Co. v. Watts, 120 Miss. 428, 82 So. 309; U. S. v. Cress, 243 U.S. 316; U. S. v. Grizzard, 219 U.S. 180. The Supreme Court has set at rest the liability of a county in cases like the one at bar. Covington County v. Watts, 120 Miss. 428; Herod v. Ca......
  • United States v. Crary
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • 24 Octubre 1932
    ...the tract of which a part is sought to be taken. See Sharp v. U. S., 191 U. S. 341, 354, 24 S. Ct. 114, 48 L. Ed. 211; U. S. v. Grizzard, 219 U. S. 180, 183, 184, 185, 31 S. Ct. 162, 55 L. Ed. 165, 31 L. R. A. (N. S.) 1135; U. S. v. Cress, 243 U. S. 316, 329, 37 S. Ct. 380, 61 L. Ed. 746; U......
  • Owen v. U.S., No. 87-1405
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 18 Julio 1988
    ...fast land due to government improvements to navigation found to be compensable by the Supreme Court. See, e.g., United States v. Grizzard, 219 U.S. 180, 31 S.Ct. 162, 55 L.Ed. 165 (1911) (compensation allowed for land taken and for loss of easement due to Page 1416 flooding); Pumpelly v. Gr......
  • Request a trial to view additional results

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