St. Louis Southwestern Ry. Co. v. Board of Directors of Miller Levee Dist. No. 2

Citations

• 207 F. 338
• 1913 U.S. App. LEXIS 1635

Syllabus

<p>1. Eminent Domain (§ 2*)—Compensation—Construction oe Levee.</p> <p>A state, under its general governmental power, has the right, directly or through the agency of levee districts created for the purpose, to build levees to protect land from overflow; and such structures create no liability for consequential damages caused thereby to private property by reason of any provision of the national Constitution.</p> <p>[Ed. Note.—For other cases, see Eminent Domain, Cent. Dig. §§ 3-12; Dec. Dig. § 2.*]</p> <p>2. Levees (§ 9*)—Powers of Levee Districts—Review of Action by Courts.</p> <p>When the location and mode of construction of a levee is within the discretion of the board of directors of a levee district, to which it has been committed by the Legislature, their determination cannot be reviewed by the courts, unless an arbitrary and manifest abuse of the power is shown.</p> <p>[Ed. Note.—For other cases, see Levees, Cent. Dig. § 18; Dec. Dig. § 9.*]</p>