Flood Control on the Mississippi River: Hearings Before the Committee on Flood Control, House of Representatives, Seventy-first Congress, Second Session, on Flood Control on the Mississippi River...

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Page 274 - ... to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same.
Page 258 - Numbered 391, approved May 15, 1928 (45 Stat. 534), Seventieth Congress, entitled "An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes...
Page 282 - An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors and for other purposes...
Page 278 - ... if the government refrains from the absolute conversion of real property to the uses of the public it can destroy its value entirely, can inflict irreparable and permanent injury to any extent, сип, in effect, subject it to total destruction without making any compensation, because, in the narrowest sense of that word, it is not taken for the public use.
Page 278 - It would be a very curious and unsatisfactory result, If, in construing a provision of constitutional law always understood to have been adopted for protection and security to the rights of the Individual as against the government...
Page 282 - St. § 991) provides that the District Courts shall have original jurisdiction "of all suits of a civil nature, at common law or in equity...
Page 277 - In a strict legal sense, land is not 'property,' but the subject of property. The term 'property, ' although in common parlance frequently applied to a tract of land or a chattel, in its legal signification 'means only the rights of the owner in relation to it.
Page 259 - In all such proceedings the court, for the purpose of ascertaining the value of the property and assessing the compensation to be paid, shall appoint three commissioners, whose award, when confirmed by the court, shall be final.
Page 263 - Session, is hereby adopted and authorized to be prosecuted under the direction of the Secretary of War and the supervision of the Chief of Engineers...
Page 275 - The constitutional guaranty that no person shall be deprived of his property without due process of law may be violated without the physical taking of property for public or private use. Property may be destroyed, or its value may be annihilated ; it is owned and kept for some useful purpose and it has 310 no value unless it can be used.

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