New Orleans Gas Light Co. v. Drainage Commission of New Orleans

Citations

• 197 U.S. 453
• 25 S. Ct. 471
• 49 L. Ed. 831
• 1905 U.S. LEXIS 1193

Syllabus

<p>The drainage of a city in the interest in the public health and welfare is one of the most important purposes for which the police power can be exercised.</p> <p>Every reason of public policy requires that grants in the sub-surface of streets shall be held subject to such reasonable regulation as the public health and safety may require.</p> <p>Uncompensated obedience to a regulation enacted for the public safety under the police power of the State is not a taking of property without due compensation.</p> <p>Under the facts of this case, the changing of the location of gas pipes at the expense of the Gas Company to accommodate a system of drainage, which has been upheld by the state court as an execution of the police power of the State, does not amount to a deprivation of property without due process of law.</p>