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

Citations

• 197 F. 815
• 1912 U.S. Dist. LEXIS 1493

Syllabus

<p>1. Levees (§ 5*) — Levee District — Status.</p> <p>A levee district created by statute, with authority to construct levees along the bank of the Red river and to condemn land for that purpose, is an agency of the state.</p> <p>[Ed. Note. — For other cases, see Levees, Cent. Dig. §§ 14, 15; Dee. Dig. § 5*]</p> <p>2. Eminent Domain (§ 2*) — Levees—1Construction—Railroad Bridge — ■ Change.</p> <p>A levee district having been expressly authorized by Aet Ark. March 3, 3911 (Sp. & Priv. Laws 1911, p. 89), to construct certain levees along the banks of Red river, in M. county, the fact that, on account of the construction of such levees, the plaintiff railroad company, which had previously, at great expense, built a bridge across the river, may be compelled to change the same, at its own expense, in order to raise it above the new high-water mark resulting from the confinement.of the waters by the levees, does not constitute a taking, appropriating, or damaging of the railroad company’s property without compensation, in violation of the Constitution of the United States or of the state of Arkansas.</p> <p>[Ed. Note. — For other cases, see Eminent Domain, Cent. Dig. §§ 3-12; Dec. Dig. § 2 ;* Constitutional Law, Cent. Dig. § 888.]</p> <p>3. Commerce (§ 48*) — Interstate Commerce — Interference—Obstruction or Mails.</p> <p>The construction of a levee across a railroad’s right of way under statutory authority, which could be constructed without interfering with the movements of complainant’s trains, does not constitute an illegal interference ’ with complainant as an interstate carrier of freight, passengers, and mail.</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. §§ 36-44, 46; Dec. Dig. § 48.*]</p> <p>4. Eminent Domain (§ 47*) — Railroads—Condemnation.</p> <p>It is within the power of the state to authorize the condemnation of a railroad right of way for the construction of a levee across the same.</p> <p>[Ed. Note. — For other cases, see Eminent Domain, Ce