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Water Law

Michigan Law Review

Eminent domain

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler Jan 1959

Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler

Michigan Law Review

Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.


Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed. Dec 1956

Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed.

Michigan Law Review

The power of the United States to regulate commerce comprehends a right to control navigation and the means of navigation. To the extent necessary for the enjoyment of this power the government may condemn riparian property. The federal power of eminent domain is limited by the mandate of the Fifth Amendment which requires just compensation for private property taken for a public use. Usually, the standard of just compensation is the market value of the property, taking into consideration the most profitable uses for which the property is suited and likely to be used at the time of the taking, …


Waters And Watercourses - Extent Of Riparian Land - Compensation On Condemnation, Gerald M. Stevens Dec 1937

Waters And Watercourses - Extent Of Riparian Land - Compensation On Condemnation, Gerald M. Stevens

Michigan Law Review

Plaintiff owned a ranch comprising over 45,000 acres and fronting for six miles on the North Platte river. One and a half miles of the river frontage were taken by eminent domain proceedings for a dam and reservoir. Plaintiff claimed the value of his whole ranch was reduced by the loss of water rights, by the destruction of sheltering trees and brush, by the creation of a potential hazard to cattle, and by the threat of floods from breaking dam or dikes. He recovered damages on that basis. Reversing the judgment, the court held, riparian rights attached only to …