Willink v. United States

Citations

• 240 U.S. 572
• 36 S. Ct. 422
• 60 L. Ed. 808
• 1916 U.S. LEXIS 1484

Syllabus

<p>The mere location by the Secretary of War of a harbor line does not amount to a taking of property within the line or its appropriation to public use; nor does a taking result from the request of an officer of the United States to a riparian'owner to vacate if such request is neither acceded to nor enforced.</p> <p>The fact that the Government makes a contract to cut away land within a harbor line location does not amount to a taking of 'such land if there was no attempt to perform the contract.</p> <p>Whatever rights a riparian owner may haye in land below mean high-water line of a navigable and tidal river, they are subordinate to ■ the public right of navigation and the power of Congress to employ all appropriate means to keep the river open and navigation unobstructed.</p> <p>Congress may prevent renewal of existing obstructions below mean high water, if navigation may be injuriously affected thereby, and the owner is not entitled to compensation therefor.</p> <p>In this case, a riparian owner on the Savannah River was held not to be entitled to -recover as upon an implied contract for taking his property by reason of damages alleged to have been'' sustained by him in consequence of the exercise of the power of-Congress over nayigable waters.</p> <p>38 Ct. Cl. 693; 49 Ct. Cl. 701, affirmed.</p>