United States v. River Rouge Improvement Co

Citation269 U.S. 411,70 L.Ed. 339,46 S.Ct. 144
Decision Date04 January 1926
Docket NumberNo. 3,3
PartiesUNITED STATES v. RIVER ROUGE IMPROVEMENT CO. et al
CourtU.S. Supreme Court

The Attorney General and Messrs. James M. Beck, Sol. Gen., of New York City, and Alfred Lucking, of Detroit, Mich., for the United States.

Messrs. Selden S. Dickinson, Charles A. Wagner, Ralph B. Wilkinson, Henry M. Campbell, Paul B. Moody, Wm. L. Carpenter, and Thomas G. Long, all of Detroit, Mich., for defendants in error.

Mr. Justice SANFORD delivered the opinion of the Court.

Pursuant to an appropriation for the improvement of the Rouge River, Michigan, made in the Rivers and Har- bors Act of August 8, 1917,1 the United States filed in the District Court for the Eastern District of Michigan five petitions for the condemnation of numerous parcels of riparian land needed for such improvement, and, also, of a gas main passing underneath the river.2

The petitions were consolidated, and a jury trial had resulting in seventy-three awards of compensation to the property owners. Judgments were entered confirming all these awards. Writs of error were sued out by the United States to review the judgments as to fifteen of the awards to riparian land owners and the award to the owner of the gas main. These were heard by the Circuit Court of Appeals as one case, and all the judgments were affirmed except that awarding compensation to the owner of the gas main, as to which a new trial was granted. 285 F. 111. This writ of error is brought to review the judgments as to the awards thus affirmed, involving fifteen parcels of land.

1. We are of opinion that, although a new trial was granted as to the award to the owner of the gas main, the judgment of the Circuit Court of Appeals as to the awards to the riparian land owners, has such finality and completeness that it may be reviewed under this writ of error. The controversy as to the gas main is entirely distinct from those as to the riparian lands; and its result can have no bearing whatever upon the awards to the land owners. While the general rule requires that a judgment of a federal court shall be final and complete before it may be reviewed on a writ of error or appeal, it is well settled that an adjudication final in its nature as to a matter distinct from the general subject of the litigation and affecting only the parties to the particular controversy, may be reviewed without awaiting the determination of the general litigation. Williams v. Morgan, 111 U. S. 684, 699, 4 S. Ct. 638, 28 L. Ed. 559; Collins v. Miller, 252 U. S. 364, 371, 40 S. Ct. 347, 64 L. Ed. 616; Arnold v. Guimarin, 263 U. S. 427, 434, 44 S. Ct. 144, 68 L. Ed. 371. And so, conversely, an adjudication final in its nature as to the general subject of the litigation may be reviewed without awaiting the determination of a separate matter affecting only the parties to such particular controversy.

2. The principal matter here involved relates to the benefits to the land owners which were to be considered in reduction of their compensation and damages. The Rivers and Harbors Act of July 18, 1918,3 contains a provision-whose validity is not questioned-that in all condemnation proceedings by the United States to acquire lands for the public use in connection with any improvement of rivers, where a part only of any parcel of land is taken, the jury 'shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement.' In each of the sixteen instances here involved the United States condemned only a portion of the parcel of land belonging to the riparian owner. It insists that there was error in the instructions to the jury in reference to the extent and measure of the benefits to the remainder.

The Rouge River, which empties into the Detroit River, had long been used for purposes of navigation, and various industrial plants were located along its banks. Although it had been somewhat improved by the United States prior to 1917, the channel was narrow, winding, comparatively shallow, and incapable of accommodating large freighters. Under the terms of the Act of 1917 the new improvement was to be made in accordance with a plan recommended by the engineers of the War Department.4 This contemplated straightening the channel of the river and widening and deepening it for about four miles above its mouth, so that it would accommodate the largest type of freighters on the Great Lakes and become, as was said, 'practically a long slip serving for numerous docks and industries.' The bottom width of the new channel was to be 200 feet, the banks sloping to a top width of 290 feet between the harbor lines. After its completion riparian owners desiring to construct docks were to be 'required to locate the dock line or retaining wall' upon the harbor line, and excavate the bank 'in front of the retaining wall or dock front' to the depty necessary to permit vessels to lie alongside.

The portions of the lands which were condemned were those lying within the limits of the widened channel or harbor lines. The United States contended that the remaining portions of these parcels would receive special and direct benefits from the improvement by reason of fronting on the widened river and having direct access thereto for the building of docks and other purposes of navigation for which they had not been previously available.

We are of opinion that an increase in the value of the remaining portion of any parcel of land caused by its frontage on the widened river, carrying a right of immediate access to and use of the improved stream, would constitute a special and direct benefit within the meaning of the statute, as distinguished from a benefit common to all the lands in the vicinity, although the remaining portions of other riparian parcels would be similarly benefited. This is in accordance with the rule recognized by this court and established by the weight of authority in the state courts in reference to special benefits to lands abutting upon a new or widened street. Bauman v. Ross, 167 U. S. 548, 575, 17 S. Ct. 966, 42 L. Ed. 270; Allen v. Charlestown, 109 Mass. 243, 246; Hilbourne v. Suffolk County, 120 Mass. 393, 394, 21 Am. Rep. 522; Cross v. Plymouth, 125 Mass. 557, 558; Abbott v. Cottage City, 143 Mass. 521, 526, 10 N. E. 325, 58 Am. Rep. 143; Lewis v. Seattle, 5 Wash. 741, 758, 32 P. 794; Lowe v. Omaha, 33 Neb. 587, 593, 50 N. W. 760; St. Louis Railway v. Fowler, 142 Mo. 670, 683, 44 S. W. 771; 2 Lewis' Eminent Domain (3d Ed.) § 702, p. 1216. And see Roberts v. Commissioners, 21 Kan. 247, 252; Trosper v. Commissioners, 27 Kan. 391, 393. In Allen v. Charlestown, supra, 246, the rule is thus stated:

'The benefit is not less direct and special to the land of the petitioner, because other estates upon the same street are benefited in a similar manner. The kind of benefit, which is not allowed to be estimated for the purpose of such deduction, is that which comes from sharing in the common advantage and convenience of increased public facilities, and the general advance in value of real estate in the vicinity by reason thereof. * * * The advantages of more convenient access to the particular lot of land in question, and of having a front upon a more desirable avenue, are direct benefits to that lot, giving it increased value in itself. It may be the same, in greater or less degree, with each and every lot of land upon the same street. But such advantages are direct and special to each lot. They are in no proper sense common because there are several estates, or many even, that are similarly benefited.'

But while the trial judge recognized the right of the United States to the deduction of such special benefits, if any, it insists that in charging the jury in reference to them he erroneously minimized their nature and extent. In this portion of the charge the court stated, inter alia, that the Government had 'the absolute power of control' over navigable streams, and the right to deprive any riparian owner of all access to the navigable portion of the stream and order the removal of any docks or other structures placed in the stream; that the deepening and widening of the channel would not confer on any riparian owner any property right to use the river for loading or unloading of vessels, this being 'subject to the absolute power of control by the Government'; that the jury could not make any deduction of benefits on the theory that the improvement would increase any property right in connection with the access to or use of the river or bring the owner any new or different property right of access and use of purposes of navigation; that no benefit could be deducted unless the remainder of the land was rendered suitable for new or greater uses in navigation because of its new location 'and because of a greater opportunity directly and specially to enjoy such use of the improved river as the Government may permit such owner to have;' and that the jury should keep 'always in mind the uncertainty of securing from the Government the privilege to enjoy these advantages, and the limited character of whatever advantages may be so secured.'

The United States not only excepted to these portions of the charge, but also requested that the jury be instructed, as bearing upon the existence and amount of the special benefits, that a riparian owner bordering on the new stream would have in respect thereto the usual rights of navigation pertinent to riparian property, that is, the right of access to the navigable part of the river in front of his property and the right to make a landing, dock or pier upon his harbor line, subject only to such...

To continue reading

Request your trial
154 cases
  • J. Aron and Co., Inc. v. Service Transp. Co.
    • United States
    • U.S. District Court — District of Maryland
    • May 11, 1981
    ...it was recognized that completely severable claims in multiple party cases were reviewable, see, e. g., United States v. River Rouge Co., 269 U.S. 411, 46 S.Ct. 144, 70 L.Ed. 339 (1920); Hill v. Chicago & Evanston R.R. Co., 140 U.S. 52, 11 S.Ct. 690, 35 L.Ed. 331 (1891); Republic of China v......
  • Bonelli Cattle Company v. Arizona 8212 397
    • United States
    • United States Supreme Court
    • December 17, 1973
    ...navigational-purpose limitation on the State's interest in the lands beneath its waterways, see United States v. River Rouge Impr. Co., 269 U.S. 411, 419, 46 S.Ct. 144, 147, 70 L.Ed. 339 (1926); Colberg, Inc. v. State, 67 Cal.2d 408, 416, 62 Cal.Rptr. 401, 406—407, 432 P.2d 3, 8—9 (1967), c......
  • Gordon v. Wilson
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 20, 1984
    ...rather than a technical construction. Bank of Columbia v. Sweeney, 1 Pet., 567, 569, 7 L.Ed. 265, United States v. River Rouge Co., 269 U.S. 411, 414, 46 S.Ct. 144, 145, 70 L.Ed. 339; Cobbledick v. United States, 309 U.S. 323, 328, 60 S.Ct. 540, 542, 84 L.Ed. Id. at 545-46, 69 S.Ct. at 1225......
  • United States Tennessee Valley Authority v. Powelson
    • United States
    • United States Supreme Court
    • May 17, 1943
    ...U.S. 135, 156, 41 S.Ct. 458, 459, 65 L.Ed. 865, 16 A.L.R. 165. While such a change will not be presumed (United States v. River Rouge Imp. Co., 269 U.S. 411, 46 S.Ct. 144, 70 L.Ed. 339), the possibility or probability of such action, so far as it affects present values, is a proper subject ......
  • Request a trial to view additional results
2 books & journal articles
  • Divvying Atlantis: who owns the land beneath navigable manmade reservoirs?
    • United States
    • UCLA Journal of Environmental Law & Policy Vol. 15 No. 1, June 1997
    • June 22, 1997
    ...League of Cities v. Usery, 426 U.S. 833 (1976); Maryland v. Wirtz, 392 U.S. 183 (1968); United States v. River Rouge Improvement Co., 269 U.S. 411 (47.) See Oregon ex rel. State Land Bd. v. Corvallis Sand & Gravel, 429 U.S. at 375; California ex rel. State Lands Comm'n v. United States,......
  • Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation
    • United States
    • Environmental Law Reporter No. 46-2, February 2016
    • February 1, 2016
    ...63. Id. at 581 (citing O’Sullivan , 17 Kan. at 60)). 64. 247 U.S. 354, 366 (1918). 65. See United States v. River Rouge Improvement Co., 269 U.S 411, 415-16 (1926) (holding that a court could consider “direct” and “immediate” beneits, but explaining that by virtue of being direct and immedi......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT