United States v. Jones | |
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Argued October 11, 1883 Decided December 10, 1883 | |
Full case name | United States v. Jones Administrator, and Others |
Citations | 109 U.S. 513 ( more ) 3 S. Ct. 346; 27 L. Ed. 1015 |
Holding | |
The power to take private property for public uses, in the exercise of the right of eminent domain, is an incident of sovereignty, belonging to every independent government and requiring no constitutional recognition, and it exists in the government of the United States. Affirmed opinion of the Supreme Court of Wisconsin. | |
Court membership | |
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Case opinion | |
Majority | Field, joined by unanimous |
United States v. Jones, 109 U.S. 513 (1883), is an important decision by the United States Supreme Court which provides the power to take private property for public uses, in the exercise of the right of eminent domain, to the government of the United States. However, once the government exercises of the right of eminent domain and after a fair determination of the amount of compensation, any unforeseen damage to the property as a result of activities prior to the purchase but realized only afterwards is to be compensated by the government per any legislative decree. [1]
In the mid-1800s, there were efforts to establish a navigable shipping route between Lake Michigan and the Mississippi River. One of those efforts was to improve navigation on the Fox and Wisconsin Rivers and in constructing a canal to unite the rivers. In 1846, the United States government ceded land to the State of Wisconsin for the purpose of implementing this plan. The project was awarded to a corporation known as the Green Bay and Mississippi Canal Company. There were several delays in the project and construction of several of the dams were plagued with issues. In 1870, the government had grown weary of the delays and, in July, 1870, the United States Congress passed an act "for the improvement of water communication between the Mississippi River and Lake Michigan by the Wisconsin and Fox Rivers;" which authorized the government to exercise of the right of eminent domain to take back the property ceded in 1846, and any other property necessary to complete the project. [2]
The amount of compensation for the land to be claimed by its eminent domain was determined and the property became the property of the US government in 1872. After 1872, severe floods destroyed property on lands which had not been claimed by the US government. These floods were a result of the construction of dams by the Green Bay and Mississippi Canal Company prior to United States ascertaining the property. The property owners sued the United States government for damages caused by the floods and the case was heard in Wisconsin state courts. [3]
The case was set for a jury trial. The United States objected to the case claiming the state court had no jurisdiction to try a cause in which the United States were a party. These objections were overruled and the trial resulted in a verdict for the property owners for $10,000. [4] The government appealed to the Wisconsin Supreme Court, where the verdict was affirmed. Following the decision by the Wisconsin Supreme Court, the US government appealed to the United States Supreme Court.
The case was submitted to the United States Supreme Court on October 11, 1883, and Justice Stephen Johnson Field delivered the unanimous opinion of the Court which affirmed the Wisconsin Supreme Court.
The Court based its opinion on a bill which was passed by Congress and approved on March 3, 1875, which provides that the value of any property ascertained through the right of eminent domain will be determined by the laws of the State wherein the property lay. The provisions of the act of 1875, with reference to the property overflowed by dams constructed in the improvement of the navigation of Fox and Wisconsin rivers, that the compensation to be made shall be ascertained in the mode and manner prescribed by the laws of the State, and constitute a sufficient waiver of the United States general immunity of process. Thus, the Court determined that the US government must provide compensation according to the laws of Wisconsin. [5]
In 1874, the Wisconsin Legislature passed a law providing for ascertaining the compensation to be made for damages caused to lands by their being overflowed or otherwise injured or taken by the United States. This Wisconsin law provides that the US government is liable for any damages resulting from the property. The Court determined that this law applied to the US government. Therefore, the Court determined that the proceeding in the Wisconsin state courts were valid and upheld the verdict by the jury which awarded the property owners compensation from the US government. [5]
Federal Courts have cited the Jones decision in over 600 decisions as a guideline on applying the US government power and obligation under the Fifth Amendment to take private property for public uses, generally termed the right of eminent domain. It has also been cited to stress a common lesson, caveat emptor or “let the buyer beware”, even when the government is the buyer. [5]
The Fox–Wisconsin Waterway was completed in 1876, but after the completion of the Illinois and Michigan Canal. As the Illinois and Michigan Canal became the primary passageway between Lake Michigan and the Mississippi River, use of the Fox–Wisconsin Waterway was never substantial and it slowly died out, and by 1951, the passage was closed. [6]
The Illinois River is a principal tributary of the Mississippi River and is approximately 273 miles (439 km) long. Located in the U.S. state of Illinois, it has a drainage basin of 28,756.6 square miles (74,479 km2). The Illinois River begins at the confluence of the Des Plaines and Kankakee rivers in the Chicago metropolitan area, and it generally flows to the southwest across Illinois, until it empties into the Mississippi near Grafton, Illinois. Its drainage basin extends into southeastern Wisconsin, northwestern Indiana, and a very small area of southwestern Michigan in addition to central Illinois. Along its shores are several ports, including Peoria, Illinois.
Portage is a city in and the county seat of Columbia County, Wisconsin, United States. The population was 10,581 at the 2020 census, making it the largest city in Columbia County. The city is part of the Madison Metropolitan Statistical Area.
In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment.
Eminent domain, land acquisition, compulsory purchase/acquisition, resumption, resumption/compulsory acquisition, or expropriation is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.
The Fox–Wisconsin Waterway is a waterway formed by the Fox and Wisconsin Rivers. First used by European settlers in 1673 during the expedition of Marquette & Joliet, it was one of the principal routes used by travelers between the Great Lakes and the Mississippi River until the completion of the Illinois and Michigan Canal in 1848 and the arrival of railroads. The western terminus of the Fox–Wisconsin Waterway was at the Mississippi at Prairie du Chien, Wisconsin. It continued up the Wisconsin River about 116 miles (187 km) until reaching Portage, Wisconsin. There travelers would portage to the Upper Fox River, or eventually, use the Portage Canal. It continued about 160 miles (260 km) down the Fox River, following it through Lake Winnebago and continuing on the Lower Fox over 170 feet of falls to the eastern terminus of Green Bay.
The Chicago Sanitary and Ship Canal, historically known as the Chicago Drainage Canal, is a 28-mile-long (45 km) canal system that connects the Chicago River to the Des Plaines River. It reverses the direction of the Main Stem and the South Branch of the Chicago River, which now flows out of Lake Michigan rather than into it. The related Calumet-Saganashkee Channel does the same for the Calumet River a short distance to the south, joining the Chicago canal about halfway along its route to the Des Plaines. The two provide the only navigation for ships between the Great Lakes Waterway and the Mississippi River system.
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and calm enough for a water vessel to pass safely. Such a navigable water is called a waterway, and is preferably with few obstructions against direct traverse that needed avoiding, such as rocks, reefs or trees. Bridges built over waterways must have sufficient clearance. High flow speed may make a channel unnavigable due to risk of ship collisions. Waters may be unnavigable because of ice, particularly in winter or high-latitude regions. Navigability also depends on context: a small river may be navigable by smaller craft such as a motorboat or a kayak, but unnavigable by a larger freighter or cruise ship. Shallow rivers may be made navigable by the installation of locks that regulate flow and increase upstream water level, or by dredging that deepens parts of the stream bed.
Berman v. Parker, 348 U.S. 26 (1954), is a landmark decision of the United States Supreme Court that interpreted the Takings Clause of the Fifth Amendment to the United States Constitution. The Court voted 8–0 to hold that private property could be taken for a public purpose with just compensation. The case laid the foundation for the Court's later important public use cases, Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) and Kelo v. City of New London, 545 U.S. 469 (2005).
Kelo v. City of New London, 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment. In the case, plaintiff Susette Kelo sued the city of New London, Connecticut, for violating her civil rights after the city tried to acquire her house's property through eminent domain so that the land could be used as part of a "comprehensive redevelopment plan". Justice John Paul Stevens wrote for the five-justice majority that the city's use of eminent domain was permissible under the Takings Clause, because the general benefits the community would enjoy from economic growth qualified as "public use".
Kohl v. United States, 91 U.S. 367 (1875), was a court case that took place in the Supreme Court of the United States. It invoked the Fifth Amendment to the United States Constitution and is related to the issue of eminent domain.
The Portage Canal was built to connect the Fox River and Wisconsin River at Portage, Wisconsin along the Fox-Wisconsin Waterway. For a time, it completed a route from the north Atlantic Ocean, through the St. Lawrence Seaway and down the Mississippi River to the Gulf of Mexico, and back to the Atlantic.
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude.
Head v. Amoskeag Mfg. Co., 113 U.S. 9 (1885), was a U.S. Supreme Court case considering whether a dam constructed on privately owned land served a public purpose and whether having the owner of the dam compensate any adjacent landowner was a legal form of eminent domain.
Menominee Tribe v. United States, 391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.
United States v. Jones may refer to several Supreme Court cases:
Eaton vs. Boston, Concord & Montreal Railroad was a New Hampshire Supreme Court case decided in 1872 between farmer Ezra B. Eaton and the railroad company. Eaton asked the court to decide if B., C. & M.R.R. flooding of his farm was considered a "taking" under the Fifth Amendment's eminent domain clause, and if the railroad was responsible for compensation to the farmer for the taking. The court asked if "a release of all damages on account of the laying out or construction of a railroad through and over the land of the releasor, does not cover damages occasioned to the remaining land of the releasor by the construction of the railroad over the land of other persons". In 1851, after construction of the railroad, Eaton gave the defendants a warranty deed for the part of his farm where the railroad was located and signed the following release: "I, the subscriber, do hereby acknowledge that I have received of the Boston, Concord, & Montreal Railroad the sum of two hundred and seventy-five dollars, in full for the amount of damages assessed to me by the railroad commissioners of the State of New Hampshire, in conjunction with the selectmen of Wentworth, on account of the laying out of the said Boston, Concord, & Montreal Railroad through and over my land; and I do hereby release and discharge the said corporation from said damages".
Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.
Asian carp introduced into North America pose a major threat to the ecology, environment, economy, and way of life in the Upper Midwest and Great Lakes region of the United States and Canada. The term "Asian carp" refers to a group of cyprinid fish species originally native to East Asia, which include several known to be invasive in the United States, and represent the most urgent potential danger to the ecology of the Great Lakes. The United States Department of the Interior and United States Fish and Wildlife Service presented their first annual report to Congress on the issue in December 2014.
Federal Declaration of Taking Act of 1931 is a federal statute granting the American federal government power to acquire private land for public use purposes in the United States. The Takings Clause defines private land as eminent domain meaning United States government entity is obligated the award of just compensation to a property owner relinquishing private property for public use purposes.