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United States v. Willow River Power Co., 324 U.S. 499 (1945)

United States v. Willow River Power Co.

No. 312

Argued February 8, 9, 1945

Decided March 26, 1945

324 U.S. 499


1. An owner of a dam and hydroelectric plant near the confluence of navigable and nonnavigable streams, and embracing land riparian to the navigable stream, is not entitled under the Fifth Amendment to compensation from the United States for a reduction in the generating capacity of the plant which resulted from an authorized navigation improvement that raised the level of the water of the navigable stream above ordinary high water mark. United States v. Cress, 243 U. S. 316, distinguished. Pp. 324 U. S. 504, 324 U. S. 506.

2. The resulting damage to the riparian owner in this case did not constitute such a taking of property as is required by the Fifth Amendment to be compensated. P. 324 U. S. 510.

101 Ct.Cl. 222 reversed.

Certiorari, 323 U.S. 694, to review a judgment for the plaintiff in a suit against the United States to recover compensation for an alleged taking of property.

Page 324 U. S. 500

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