lynah argued january decided february february defendants error commenced action circuit district south carolina recover sum compensation certain real estate part plantation known verzenobre taken appropriated defendant petition alleged paragraph citizenship residence petitioners claim implied contract compensation value property taken public use owners tenants common plantation paragraphs several years continuously continuously said government america exercise power eminent domain constitution authority acts congress duly empowering officers agents thereto case made provided erect build maintain continuously since erecting building maintaining building erecting maintaining across said savannah river bed said savannah river certain dams training walls obstructions obstructing hindering natural flow said savannah river along natural bed thereof raising said savannah river feet point said obstructions dams bed said savannah river causing said waters savannah river aforesaid kept back flow back raised elevated natural height savannah river along natural bed points said dams training walls obstructions points said dams training walls obstructions said river petitioners show said acts government aforesaid done done lawfully officers agents authority exercise powers eminent domain regulation commerce constitution laws congress public purpose improvement harbor savannah deepening waters savannah river port savannah port entry seaport america situated within state georgia savannah river purpose deepening enlarging navigable channel highway commerce said savannah river public use purpose benefit interstate foreign international trade commerce public purposes uses benefits remaining paragraphs set forth effect placing government dams restraining walls obstructions river together value property appropriated overflow answer government averred defendant knowledge information sufficient form belief truth allegations contained paragraphs said petition complaint defendant denies allegations contained paragraphs said petition complaint except much paragraph alleges said heretofore erected certain dams savannah river pursuant power vested law except much paragraph alleges said dams heretofore erected lawfully erected officers agents defense statute limitations pleaded case came trial without jury made findings fact deduced conclusions law entered judgment defendant sum findings effect plaintiffs owners plantation deriving title proper mesne conveyances grant lord proprietors south carolina made findings pertinent questions must considered deciding case follows certain parcel plantations measuring acres reclaimed drainage actual continued use seventy years upwards rice plantation used solely purpose rice plantation dependent irrigation upon waters savannah river ditches drains canals waters river flowed upon lands drained therefrom adapted natural level said savannah river dependent proper drainage cultivation upon maintenance natural flow said river natural channel along natural bed waters ocean portion plantation fronting river dedicated culture rice extended almost quite mark large part mean mark protected river embankment embankment trunks water ways constructed flood gates therein outer opening trunk foot little less mean mark river tide ebbs flows desired flow lands flood gates opened water comes desired draw water effect drainage lands flood gates opened low water water escapes essential outlets trunks water ways always mean mark several years last past present time government proper officers authorized thereto act congress engaged improvement navigation savannah river navigable water improvement carried virtue provisions art constitution giving congress power regulate commerce thus improving navigation navigable water built maintained building maintaining across savannah river bed thereof certain dams training walls obstructions obstructing natural flow said river along natural bed raising level said river said obstructions causing waters kept back flow back elevated natural height natural bed rice plantation verzenobre obstructions direct effect thereof raise level savannah river plantation keep point mean low water natural point outlet trunks water ways spoken bank said plantation instead point water mark point another direct result seepage percolation water rose plantation water level land gradually rose height increased water level river superinduced addition water plantation inches thereby reason gradually became difficult become impossible let water plantation drain acres dedicated culture rice become boggy unfit cultivation impossible cultivated rice raising level savannah river dams obstructions water thereof backed embankment river caused flow back upon plantation obstruction actually invaded said plantation directly raising water said plantation inches impossible toremove said plantation flooding permanent condition rice plantation thereby practically destroyed purpose rice culture known agriculture irreclaimable bog value reason superinduced addition water actually invading said rice plantation destruction thereby purposes agriculture plaintiffs compelled abandon cultivation said rice plantation forced pursue calling planting rice plantations dams direct result plaintiffs actual practical ouster possession riceplantation cultivated family many years beyond backing water plantation reason dams obstruction invasion lands superinduced addition water plantation described rendered necessary execution government plans actual possession lands time use discovered lands rice culture direct results stated totally destroyed market value lands value value rice lands obstructions aforesaid put river per acre per acre value rice plantation acres thus destroyed upon findings fact important conclusions law thus stated crucial question case taking land sense constitution facts found show reason obstruction savannah river water directly backed embankment river banks plantation superinduced addition water actually invading destroying drainage leaving useless practical purposes government sense take land purposes putting obstructions forces back water river land result necessary purpose without purpose accomplished purpose government water river must raised banks plantation materially assist operation resistance water kept channel backing water banks create resistance raises water plantation destroys drainage plantation taking says justice miller curious unsatisfactory result construing provision constitutional law always understood adopted protection security rights individual government received commendation jurists statesmen commentators placing principles common law subject beyond power ordinary legislation change control shall held government refrains absolute conversion real property uses public destroy value entirely inflict irreparable permanent injury extent effect subject total destruction without making compensation narrowest sense word taken public use pumpelly green bay canal wall ed case backing water land held taking plantation plaintiffs actually invaded superinduced addition water directly caused government dams obstructions backing water savannah river raising water level rice plantation making unfit rice cultivation known agriculture plaintiffs compelled thereby abandon plantation actual practical ouster possession continued permanent reason permanent condition flooding plantation plantation thereby irreclaimable bog value action government taking lands public purposes within meaning amendment compensation due plaintiffs pumpelly green bay canal wall ed mugler kansas ed sup government gone actual occupancy land reason dams obstructions made necessary public work fulfilling purpose water savannah river raised plaintiffs plantation backed remains drainage destroved ditches filled superadded water permanently kept land forced making wholly unfit cultivation plaintiffs thereby practically actually ousted possession taking land public purposes compensation must provided pumpelly green bay canal wall ed case involving application constitution brought writ error directly robert howard solicitor general richards bryan defendants error justice brewer delivered opinion three principal questions case first circuit jurisdiction second taking land within meaning amendment third taking government subject obligation making compensation therefor circuit jurisdiction may premised question raised circuit presented first argument upon reargument omission part learned counsel government certainly suggestive nevertheless question first time presented one jurisdiction must considered determined sustain challenge jurisdiction insisted government implied contract simply tortious acts part officers hill ed sup schillinger ed sup relied upon let us see cases decided former plaintiff sued recover use occupation land lighthouse land upon lighthouse built submerged land peake bay government pleaded paramount right use land plea demurred held circuit jurisdiction opinion delivered justice gray said referring several cases pp ed sup langford ed accordingly adjudged officer took held possession land private citizen claim belonged government charged upon implied obligation pay use occupation since held appropriates public use land admit private property may held upon implied contract pay value owner great falls mfg ed sup ed sup likewise held may used claims use patent invention plaintiff right acknowledged hollister benedict mfg ed sup palmer ed sup cases title plaintiff admitted none doubt thrown upon correctness decision langford case see schillinger cl case bar governed langford case alleged petition admitted plea ever way acknowledged right property plaintiff plaintiff asserted title land question exclusive right building thereon claimed damages use occupation land lighthouse positively precisely pleaded land submerged waters chesapeake bay one navigable waters law purpose lighthouse paramount right use plaintiff person plaintiff demurred plea case appeared architect capitol contracted cook laying pavement capitol grounds contractor laying pavement infringed petitioners claimed upon rights granted patent thereafter suit brought party guilty alleged infringement accepted pavement construction petitioners claimed contractor infringed upon rights opinion said ed sup claimants never authorized use patent right government never consented always protested threatening interfere injunction proceedings restrain use act congress terms directing even implication suggesting use patent officer government directed use contract executed cook name describe recognition government officers fact construction pavement use patent appropriation made claimant property government proceeded though acting management property exercise rights without trespass upon rights claimants point whole transaction commencement close minds parties met anything semblance agreement petition count upon tort also findings show tort essential fact underlying transaction upon rests every pretense right recover suggestion waiver tort pretense implied contract decision claims jurisdiction action recover tort different case bar government deny title plaintiffs averred answer simply knowledge information sufficient form belief couple averment denial pretend owned property paramount proprietary right possession put issue question title rested upon denial acts cers done direction overflowed land wrought injury alleged overflow injury created implied contract also upon bar statute limitations nowhere record set title property antagonistic claimed plaintiffs simply denied responsibility caused done pleaded ever liable statute limitations worked bar officer government langford case claimed property found property plaintiffs belonged government formal admission record land belonged plaintiffs case tried alone upon theory government held responsible done repudiate actions officers agents contrary terms admitted acted authority congress lawfully done overflow destruction property shall presently inquire taking appropriation within scope amendment constitution jurisdictional question presented whether appropriation directed congress created implied contract part government pay value property appropriated let us see decided great falls mfg ed sup congress made appropriation therefor dam constructed across potomac view supplying city washington water construction dam certain lands belonging plaintiff taken although lands act congress specifically ordered taken property taken paid plaintiff brought action claims recover value thereof held action might maintained opinion said ed sup seems clear property rights held used agents sanction legislative enactments congress appropriation money specifically construction dam maryland shore conn island circumstances considered equivalent express direction legislative executive branches government officers take particular property public objects contemplated scheme supplying capital nation wholesome water making improvements necessarily involves taking property want formal proceedings condemnation public use claimant entitled beginning work agents government enjoined prosecuting provision made securing way payment compensation required question express sound reason claimant might waive right electing regard action government taking sovereign right eminent domain demand compensation kohl ed view opinion agents proceeding authority act congress taken property claimant public use obligation imposed constitution make compensation law imply promise make required compensation property government asserts title taken pursuant act congress private property applied public uses implication consistent constitutional duty government well common justice claimant cause action one arises implied contract within meaning statute confers jurisdiction upon claims actions founded contract express implied government great falls mfg atty sub nom great falls mfg garland ed sup action like preceding grew provisions made congress supply water city washington relief sought removal structures premises appear property legally condemned framing issue triable jury ascertain plaintiff damages judgment amount thereof said referring contention certain defects proceedings taken government ed sup secretary survey map publication attorney general notice strict law justify former taking possession land water rights question competent company waive tort proceed upon implied contract appearing government recognizes retains possession taken behalf public purposes indicated act officers proceeded hollister benedict mfg ed sup action assignees patent collector infringement law thus stated ed sup right patentee acknowledged without consent officer government acting legislative authority made use invention discharge official duties seem clear case exercise right eminent domain upon law imply promise compensation action lie within jurisdiction claims entertained sanctioned case great falls mfg ed sup rep palmer ed sup action claims patentee government recover upon implied contract use patented invention appeared petitioner patentee certain improvements infantry equipments adopted secretary war part equipment infantry soldiers sustaining jurisdiction claims said ed sup tort committed claimed committed government used claimant improvements consent certainly expectation part receiving reasonable compensation license claim infringement claim compensation authorized things totally distinct law distinct trespass lands use occupation lease berdan mfg ed sup judgment claims implied contract use improvement firearms sustained although act congress expressly directing use improvement opinion said ed sup findings specific emphatic assent government terms contract yet think sufficient certainly denial patentee rights invention assertion part government patent wrongfully issued claim right use invention regardless patent disregard claims patentee use spite protest remonstrance negatively least findings clear government used invention consent express permission owner using repudiate title owner quoting several findings added ed sup import findings officers government charged specially duty superintending manufacture muskets regarded berdan inventor extractor ejector difference spiral flat spring immaterial difference therefore using springfield musket berdan invention used permission well assignee petitioner used understanding government pay use private property might take although believe authority agree upon price rule deducible cases government appropriates property claim implied contract pay value property appropriates earnestly contended argument government right appropriate property may conceded vast difference proprietary governmental right government owns property claims deals owner virtue ownership officer government takes possession property claim belongs government fact may well considered tortious act part implication intent part government pay claims different proprietary right government respect property owns governmental right appropriate property individuals private property held subject necessities government right eminent domain underlies rights property government may take personal real property whenever necessities exigencies occasion demand contention government paramount right appropriate property may conceded constitution amendment guarantees governmental right asserted paramount exercised shall attended compensation government may take real estate postoffice courthouse fortification highway time war may take merchant vessels make part naval force done without obligation pay value taken appropriated whenever exercise governmental rights takes property ownership concedes individual impliedly promises pay therefor import cases cited well many others action taken resulting overflow injury plaintiffs regarded personal act officers act government officers admitted answer done authority government although may specific act congress directing appropriation property plaintiffs yet officers government acting direction resulted propriation treated act government south carolina georgia ed wisconsin duluth ed great falls mfg ed sup congress many successive terms appropriated money improvement savannah river stat chap stat chap stat chap stat chap stat chap stat chap stat chap stat chap appropriations river harbor bills generally much money improving river deserve special mention thus stat chap provided thousand dollars may applied payment damages land taken widening channel opposite savannah stat chap secretary war directed cause survey made river cross tides savannah bar view obtaining feet water channel appropriation stat chap improvement river present project commencing extended project contained report engineer year ending june statute among matters referred secretary war survey examination damage verzenobie freshet bank caused work cross tides whether maintenance said bank essential success work cross tides cost constructing said bank confine water said river bed report engineers year referred section quoted shows part work done government construction training walls wing dams width water way reduced year stat chap comp stat act passed entitled act facilitate prosecution works projected improvement rivers harbors authorized secretary war commence proceedings acquirement condemnation land right way material needed enable maintain operate prosecute works improvement rivers harbors vision made law provided however owner land right way material shall fix price opinion secretary war shall reasonable may purchase price without delay thus beyond effect admission answer beyond presumption knowledge attends action legislative bodies affirmatively appears congress making appropriations year year improvement river also express notice damage banks along plantation works done engineers view narrowing width water way land damaged result works authorized secretary war take proceedings eminent domains acquire land right way material might necessary maintaining operating prosecuting works river improvement price agreed upon purchase brings case directly within scope decision great falls mfg ed sup direction take particular property direction resulted taking held owner might waive right insist condemnation proceedings sue recover value appear plaintiffs took action stop work done government protested inaction silence amount assent appropriation government respect case dissimilar landowner knowing railroad company entered upon land engaged constructing road without complied statute respect condemnation estopped thereafter maintaining either trespass ejectment limited recovery compensation reberts northern ed sup northern smith ed sup cases cited opinion case therefore amounts plaintiffs alleged owners certain real estate bordering savannah river government exercise powers eminent domain regulation commerce officers agents duly empowered thereto acts congress placed dams training walls obstructions river manner hinder natural flow raise waters overflow land plaintiffs overflow extent cause total destruction value government denying ownership plaintiffs admitted work done officers agents done authority congress denied works produced alleged injury destruction opinion pleadings issues raised thereby circuit jurisdiction inquire whether acts done officers direction congress resulted overflow injury plaintiff land render absolutely valueless thereby property contemplation law taken appropriated government render judgment value property taken appropriated taking proceeding condemnation instituted government attempt terms take appropriate title adjudication fee passed landowner government either essential element taking lands within scope amendment taking question made meaning findings appears finding amended large portion land flooded natural condition mark mark subject overflow water passed one stage natural overflow stopped embankment lieu thereof means flood gates land flooded drained owner contended result raising level river government works take away possibility drainage findings ix show seepage percolation embankment actual flowing upon plantation obstruction water raised plantation inches impossible remove overflow water consequence property become irreclaimable bog unfit purpose rice culture known agriculture deprived value clear findings valuable rice plantation permanently flooded wholly destroyed value turned irreclaimable bog necessary result work government undertaken amount taking case pumpelly green bay canal wall ed answers question affirmative argument conceded learned counsel government properly conceded view findings far respects mere matter overflow injury substantial distinction two cases case green bay company authorized statute constructed dam across fox river means land pumpelly overflowed rendered practically useless proceedings taken formally condemn land referring said ed argument defendant taking land within meaning constitutional provision damage consequential result use navigable stream government right improvement navigation curious unsatisfactory result construing provision constitutional law always understood adopted protection security rights individual government received commendation jurists statesmen commentators placing principles common law subject beyond power ordinary legislation change control shall held government refrains absolute conversion real property uses public destroy value entirely inflict irreparable permanent injury extent effect subject total destruction without making compensation narrowest sense word taken public use construction pervert constitutional provision restriction upon rights citizen rights stood common law instead government make authority invasion private right pretext public good warrant laws practices ancestors reference also made case sinnickson johnson respect said case mainly valuable showing overflowing land backing water considered within meaning principe page ed said numerous authorities sustain doctrine serious interruption common necessary use property may language angell work watercourses equivalent taking constitutional provisions necessary land absolutely taken following authorities cited angell watercourses hooker new rowe granite bridge pick canal appraisers people ex rel tibbits wend lackland north missouri mo stevens middlesex canal mass clear authorities government construction dam public works floods lands belonging individual substantially destroy value taking within scope amendment government directly proceed appropriate title yet takes away use value done little consequence fee may vested course results proceeding must regarded actual appropriation land including possession right possession fee amount awarded compensation paid title fee whatever rights may attach case least belong riparian government becomes henceforth full owner passing third question contended done government done improving navigability navigable river given constitution full control improvements work therefor injury results riparian proprietors others injury purely consequential government liable one proposition considered settled decisions although discharge duties government may appropriate property without liable obligation cast amendment paying compensation monongahela ed sup said like powers granted congress constitution power regulate commerce subject limitations imposed instrument among amendment heretofore quoted congress control regulation commerce exercising control deems necessary take private property must proceed subject limitations imposed amendment take payment compensation case congress passed act condemning known upper lock dam monongahela navigation company provided estimating sum paid franchise said corporation collect tolls considered estimated held proviso beyond power congress appropriate property navigation company without paying full value part value consisted franchise take tolls recent case scranton wheeler ed sup repeated proposition words compensation must made secured owner done regarded taking private property public use within meaning amendment constitution course exercise power regulate commerce congress may override provision compensation must made private property taken public use true majority held case destruction access land abutting navigable river construction congress pier submerged lands front upland taking private property public uses instance consequential injury property riparian owner right compensation case taking conceded many cases distinction drawn taking property public uses consequential injury property reason public work one class law implies contract promise pay property taken taking general government uphold action claims class simply tortious act injury claims jurisdiction thus northern transp chicago ed city duly authorized statute constructed tunnel along line lasalle street chicago river company claimed deprived access premises construction deprivation permanent continued time necessary complete tunnel held taking property injury temporary injury thereto course opinion referring pumpelly case wall ed eaton boston said ed cases held permanent flooding private property may regarded cases physical invasion real estate private owner practical ouster possession present case invasion entry made upon plaintiffs lot done render time use inconvenient chicago taylor ed sup recognizing reaffirming rule laid decided upon ground new rule established illinois constitution provided property shall taken damaged public use without compensation montana louis min mill ed sup held mere order inspection mining property taking thereof done temporary limited interruption exclusive use gibson ed sup decided construction dyke improvement ohio river plaintiff riparian owner greater part gardening season deprived use landing shipment products supplies farm whereby value farm reduced per acre taking property consequential injury see also machant pennsylvania ed sup meyer richmond ed sup connection mills fed decided district southern district georgia worthy notice reason similarity many respects clearly marked distinction essential matter action injuries rice plantation banks savannah river resulting works done improving navigability river apparently improvement made government present case condition claimant rice plantation prior improvement substantially plaintiffs property lands drained opening gates river mark complaint erection government called dam running upper end hutchinson island lower end argyle island cut flow water stream connecting front back rivers raised high low water levels front river destroyed facilities draining lands front river rendered necessary raise levees around rice fields prevent flooding fields high water alleged unfitted lands rice culture made necessary new drainage back river provided water levels suitable obviously taking plaintiff lands simply injury remedied expense alleged action one recover amount consequential injury rightfully held sustained finding suggestion expense flooding averted may course know theoretically limit engineering skill may accomplish know vast tracts different parts world reclaimed levees works may believe flooding may prevented day submerged lands may reclaimed practical matter purposes case must findings regard lands controversy irreclaimable value wholly finally destroyed therefore following settled law hold taking lands public uses government implied contract make compensation therefor judgment affirmed justice brown concurring concur opinion respect jurisdiction merits case unable assent ground upon jurisdiction rested think overflowing lands controversy constitutes taking within meaning amendement constitution see reason holding implied contract pay within meaning tucker act taking appears ordinary case trespass real estate containing element whatever contract case waiver tort jones hoar pick smith hatch think jurisdiction may supported irrespective question contract tort clause tucker act vests claims jurisdiction claims founded upon constitution law congress occasion remark dooley ed sup section tucker act stat chap comp stat evidently contemplates four distinct classes cases founded upon constitution law congress execption pension cases cases founded upon regulation executive department cases contract express implied government actions damages liquidated unliquidated cases sounding tort words sounding tort terms referable fourth class cases view claims founded upon constitution may prosecuted claims whether sounding contract tort wherever may take proceedings eminent domain condemnation lands public use owner lands may seek relief claims lands taken without proceedings whether taking tortious virtue contract express implied effect case consideration one class made clear act april stat chap comp stat enacts secretary war may cause proceedings instituted name jurisdiction proceedings acquirement condemnation land right way material needed enable maintain operate prosecute works improvement rivers harbors provision made law proceedings prosecuted accordance laws relating suits condemnation property wherein proceedings may instituted fully concur opinion government may take real estate postoffice courthouse fortification highway time war may take merchant vessels make part naval force without obligation pay value taken appropriated also opinion whenever exercise governmental rights takes property ownership concedes individual bound pay therefor think distinction eases government impliedly promises pay taking property assent owner takes property forcibly owner seem reasonable hold invasion owner right property greater remedy recovery value less compelled resort tedious unsatisfactory method appealing bounty congress relief suppose instance time war threat invasion seizes upon vessels without consent owner protest certainly moral obligation pay appropriated consent see reason action value may maintained claims yet understand opinion case holds indirectly directly action lie unless property taken consent owner implied contract pay consequences recognizing distinctions seem serious nothing short clear language statute justify none even hinted russell wall ed one earliest cases wherein owner three steamers seized military necessity sought recover compensation services steamers impressed public service employed transports carrying government freight certain length time returned owner held entitled recover holding unforeseen occasions arise however beyond doubt cases extreme necessity time war immediate impending public danger private property may impressed public service may seized appropriated public use may even destroyed without consent owner case followed mitchell harmony ed distinguished filor wall ed cases reported prior based upon original claims act limited jurisdiction founded upon law congress upon regulation executive department upon contract express implied government therefore strictly pertinent tucker act great falls mfg ed sup almost exactly point strongly corroborative position taken claim land taken great falls potomac construction aqueduct bringing water washington proceedings taken maryland condemnation discontinued government took possession land whether possession taken without consent owner appear although nad negotiations parties claimant held entitled recover upon ground appropriation money construction improvements equivalent express direction congress take particular property objects contemplated scheme sound reason claimant might waive right might injunction elect regard action taking government sovereign right eminent domain therefore demand compensation case put upon ground owner consented taking langford case ed action brought recover use occupation certain lands buildings claimant asserted title seized use government claim public property admitted government takes property public use acknowledging ownership private individual arises implied obligation pay owner value different matter ment claimed property recognized superior title also case hill ed sup government erected lighthouse upon submerged land claimed case held governed langford none recent cases tucker act conflicts position taken wherever may proceed condemn property sovereign irght eminent domain owner may maintain petition claims recover value case proceedings taken act stat chap comp stat first introduced among cognizable claims founded upon constitution also introduced words damages liquidated unliquidated words cases sounding tort construing statute held jones case ed sup confer jurisdiction equity compel issue delivery patent public land schillinger case ed sup owner patent infringed recover damages infringement claims though otherwise property appropriated consent patentee view compensation therefor although schillinger case appropriation right patentee monopoly invention case nothing essence infringement patent action really one damages sounding tort possible individual might able condemn patentee right proceedings eminent domain remedy least doubtful government sought merely appropriate much necessary use unprecedented exercise right eminent domain scarcely held claim arising constitution case put upon ground case merely action recover damages infringement said plainly solely action infringement one sounding tort question whether claim arising constitution considered except dissenting opinion justice harlan said constitutional obligation evaded showing original appropriation without express direction government simply interposing denial title claimant property property rights alleged appropriated doubt case power government condemn right patentee proceedings eminent domain certainly none case land taken government pretense consent owner think going far hold words tucker act sounding tort must referred back first class cases namely founded upon constitution limited actions damages liquidated unliquidated hence consent owner cuts figure case freely admit property seized taken officers government without authority law subsequent ratification taking possession occupying property public use recovery since neither government principal bound unauthorized acts agents endeavoring raise implied contract pay ordinary trespass real estate think opinion misconceives true source jurisdiction justice shiras justice peckham concurred opinion far holds jurisdiction ground stated therein well upon ground stated opinion justice white concurs chief justice fuller justice harlan dissenting holds jurisdiction legal conclusion findings fact held property appellee taken public use judgment affirmed merits reason opinion findings fact support conclusion property taken dissent subject jurisdiction merits findings fact respects sufficiently reproduced opinion need set full results findings land situated savannah river high low water mark naturally subject overflowed protected measure overflow embankment embankment sluices water ways placed means water let land irrigation cultivation rice drawn land required drained order carry culture done gates sluices opened allow water flow water ways inner side embankment thus flood land requisite opening gates low tide allow water flow required drain land exact situation water ways embankment important reproduce statement subject contained findings embankment trunks water ways constructed flood gates therein outer opening trunk foot little less mean mark river tide ebbs flows desired flow lands flood gates opened water comes desired draw water effect drainage lands flood gates opened low water water escapes essential outlets trunks water ways mean mark decided taking property thought findings establish obstructions placed government bed river point lower stream plantation purpose improving navigation river raised water cause flow embankment plantation flood thus destroying value subject says ix show seepage percolation embankment actual flowing upon plantation obstructions water raised plantain inches etc whilst disputable findings show percolation embankment discover nothing supporting conclusion obstructions placed government bed river point plantation situated caused water river go embankment plantation flood land contrary seems findings necessitate conclusion permanent damage property suffered arises solely fact drainage plantation river rendered impossible work done government resulted raising mean low tide inches cause water river mean low tide point discharge water ways thus rendering drainage longer possible may wide legal difference arising damage consequent interference drainage property situated work done government improvement navigation damage caused actual flooding property resulting work determine whether findings show actual flowing mere injury drainage findings need considered let us see whether give support claim actual flooding overflow embankment plantation finding viii says thus improving navigation navigable water built maintained building maintaining across savannah river bed thereof certain dams training walls obstructions obstructing natural flow said river along ural bed raising level said river said obstructions causing waters kept back flow back elevated natural height natural bed certainly nothing finding supporting inference government work caused river overflow plantation embankment finding ix says rice plantation verzenobre obstructions direct effect thereof raise level savannah river plantation keep point mean low water natural point outlet trunks water ways spoken bank said plantation instead point water mark point statement effect resulting government work simply raise mean mark previously existing cause cover water ways declared previous little less foot former water mark finding continues direct result seepage percolation water rose plantation water level land gradually rose height increased water level river superinduced addition water plantation inches thereby reason gradually became difficult become impossible let water plantation drain acres dedicated culture rice become boggy unfit cultivation impossible cultivated rice declares mean low state water raised government work cause inches mouth water ways rest embankment inches percolation took place drainage destroyed result loss drainage render plantation bog longer suitable cultivation rice submitted nothing findings hitherto referred even timates effect work government caused water flow embankment flood plantation contrary opposite result findings let next consider finding reads follows raising level savannah river dams obstructions water thereof backed embankment river caused flow back upon plantation obstruction actually invaded said plantation directly raising water said plantation inches impossible remove said plantation flowing described relate seepage percolation referred previous finding words obstructions relate embankment plantation obstructions put bed river government point plantation situated therefore finding means obstruction water caused flow back embankment described previous finding finding shows besides impossibility removing water percolated result rain words injury cause damage thus eliminating question flooding land overflow embankment question decision plantation portion thereof situated bank navigable river mark situation dependent profitable operation upon drainage river mean low tide appropriate property simple fact improving navigation river raises mean low tide slightly height wont theretofore reason drainage land mark destroyed seems state question answer negative owner land situated mark acquired easement servitude bed river construction embankment along margin land river high water forever exact level water within natural banks river never changed without consent thus deprive control improvement navigable rivers conferred constitution damage loss drainage river mean low tide land situated caused lawful exercise power improve navigation damnum absque injuria redress must sought hands congress judicially afforded ruling damage resulting constitutes taking property creates implied contract pay value property doctrine see conflict decisions gibson ed sup scranton wheeler ed sup consequence doctrine announced overestimated even hypothesis government work caused land overflowed raising water embankment conceive taking even case property remedy easily afforded permanent injury land raising embankment quantum damages thus value property mere cost increasing height embankment prevent water flowing fact taking held exist therefore compelled pay value entire property submits exercise power conferred upon constitution rule individual subjected controversy private parties answered suggestion taking paying sum money necessary raise level embankment prevent overflow compensate owner property still worthless want drainage suggest admit damage complained results inability drain land reasons already pointed opinion constitute taking indeed reasoning hitnerto indicated assumed overflow embankment equally apposite damage loss drainage injury drainage remedy readily afforded possible draining plantation elsewhere river resort pumping appliances necessary lift water accumulating rainfall percolation cost things measure damages resort simple expedients unavailing particular property situated mark submit show government taken property public use simply establishes thst property situated subjected loss necessarily arising fact mark therefore absolutely dependent drainage right owner exact mean low tide river forever unchanged right exact exist loss drainage constitute appropriation property result natural situation land equities exist congress alone capable providing authorized say chief justice justice harlan concur dissent