Riparian owner of dry upland property on shore of navigable lake, who created new dry land out to point of navigability by artificial land fill, is entitled to just compensation upon public taking of new land for highway purposes.
Counsel for Plaintiff:Douglas Head Attorney GeneralEric Shulte Deput...
Where independent government agencies charged with safeguarding natural resources must ultimately approve project involving condemnation, condemning authority must demonstrate that it has a reasonable probability of obtaining approval and that condemnation will not result in irreparable harm should ...
Failure of plaintiff to establish title to submerged land fatal to claim for removal of obstructions to flow of brook and to claim for damages. Even were title to exist, evidence showed defendant and predecessors had not abandoned flowage rights created by dam although dam washout in 1956 was not fu...
Congress has exercised its constitutional power to preempt the field of regulation of radioactive releases by atomic energy generating plants in passing the Atomic Energy Act of 1954 and the 1959 amendment to that act. 42 U.S.C. §§2011 et seq. Consequently, the Minnesota Pollution Control Agency m...
Taxpayer's suit against Michigan's Secretary of State and state highway department director seeking injunction against issuance of motor vehicle licenses or permission for use by automobiles of state roads and highways until vigorous new emission standards are imposed by or at the direction of the c...
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A Massachusetts statute that authorizes the state's issuance of bonds and use of the proceeds for loans to private businesses to construct industrial waste treatment facilities for the prevention of water pollution violates the state constitution's prohibition of the use of the credit of the Commonw...
The Alabama Environmental Improvement Act of 1969 does not violate the provisions of the state constitution which prohibit: (1) state participation or interest in private business enterprises; (2) state involvement in works of internal improvement or loan of its funds for such purposes; (3) the auth...
The exemption of open pit mining, of strip mining for coal, of irrigation water exits and of gravel extraction from the Montana Dredge Mining Regulation and Land Preservation Act of 1969 violates the Equal Protection Clause of the 14th Amendment, because the exempted mining techniques are as harmful...
The taking by condemnation of properties serviced by a water utility company does not enable the company to recover for damage done to the easement rights by means of which the company services the property, even though the indirect effect of the government's dominion and control of the condemned pr...