Jones v. Board of Mississippi Levee Com'rs

Citations

• 108 Miss. 149
• 66 So. 413

Syllabus

<p>1. Eminent Domain. Destruction of outer levee. Damages. Abandonment of levee.</p> <p>Where a levee hoard was maintaining a duplex system of levees, composed of the original line, which ran along the hanks of the river, and the back or loop line which was connected with the front line on the north and south of plaintiff’s land and his land was thus entirely enclosed by a wall of dirt erected by the levee board and was protected from the flood waters of the river. In such case where the levee board believing that the public welfare demanded it, blew up the front line of the levee and projected the river water upon plaintiff’s land, the levee board was liable to plaintiff for damages, on the ground that his property was taken or damaged for public use.</p> <p>2. Eminent Domain. Abandonment of levee. Damages.</p> <p>A landowner protected by a levee, cannot recover for the flooding of his land caused by the mere abandonment of the levee by the levee commissioners.</p>