United States v. Town of Nahant

Citations

• 153 F. 520
• 82 C.C.A. 470
• 1907 U.S. App. LEXIS 4426

Syllabus

<p>1. Eminent Domain — Condemnation Proceedings by United States — Just Compensation.</p> <p>Where the United States in its sovereign capacity exercises its arbitrary power to condemn private property for necessary public use, the just compensation which it is required by the Constitution to make to the owner should be determined on equitable principles, and should be such, as to put the owner in as good condition pecuniarily as he would have been if the property had not been taken.</p> <p>[Ed. Note. — For cases In point, see Cent. Dig. vol. 18, Eminent Domain, {§ 325-402.</p> <p>Nature and extent of power of United States to condemn property for public use, see note to Shipman v. Ohio Coal Exchange, 70 C. C. A. 653.]</p> <p>2. Same — Property op Municipal Corporation — Right to Compensation.</p> <p>Where a town having statutory power to condemn land or right of way for sewer purposes actually acquired and took possession of land for such purpose, and constructed at large expense and had maintained for a number of years a sewer over the same without objection from the landowner, it has such an interest in the land and structure as entitles it to be justly compensated therefor when the same are taken by the United States for a paramount public use, without regard to the strict regularity of the proceedings by which it acquired the right. Such right of compensation also extends to structures placed by the town in public streets or roads, such as water or sewer pipes where such streets are taken, but not to the easements in the streets themselves, nor to material 'thinly spread upon the ground for road purposes of such character that it loses its identity and tangibility as property when so used.</p> <p>3. Same — Rule op Compensation.</p> <p>In determining the just compensation to which a town was entitled on the taking of a part of its water and sewer systems by the United States, in proceedings to condemn land for government purposes, where the parts taken were essen