Monongahela Navigation Co. v. United States
Citations
- 148 U.S. 312
- 13 S. Ct. 622
- 37 L. Ed. 463
- 1893 U.S. LEXIS 2234
Syllabus
<p>In the proceedings taken under the act of August 11, 1888, 25 Stafc.pp. 400, ' 411, c. 860, to condemn lock and dam No. 7 of the Monongahela Navigation Company, that company is entitled under the provisions of the Fifth Amendment to the Constitution, to recover compensation from the United States for the taking of the franchise to exact tolls, as well as for the value of the tangible property taken.</p> <p>The assertion by Congress of its purpose to take the property which that company had constructed in the Monongahela River by authority of the State of Pennsylvania did not destroy the franchise granted’ to the com- • pany l^y the State.</p> <p>Bridge Company v. United States, 105 U. S. 470, distinguished from this case.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there is “no doubt that the compensation must be a full and perfect equivalent for the property taken.”
- noting that the Takings Clause “prevents the public from loading upon one individual more than his just share of the burdens of government”
- stating that the federal legislature may not define “just compensation” more narrowly than provided in the Constitution as interpreted by the courts
- determining that the fair market value of the property included its productiveness, which was the franchise to take tolls at the lock and dam, as that right was taken with the property itself
- determining that the fair market value of the property included its productiveness, which was the franchise to take tolls at the lock and dam, as that right was taken with the property itself
- citing, inter alia, Proprietors of Charles River Bridge v. Proprietors of Warren Bridge, 36 U.S. (11 Pet.) 420 (1837)
Source: CourtListener parenthetical corpus (CC0).
Judges: Brewer, Shiras, Jackson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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