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U.S. v. COMMODORE PARK

No. 495.

324 U.S. 386 (1945)

65 S.Ct. 803

89 L.Ed. 1017

UNITED STATES v. COMMODORE PARK, INC.

Supreme Court of United States.

Decided March 26, 1945.

Attorney(s) appearing for the Case

Solicitor General Fahy, with whom Messrs. J. Edward Williams, Chester T. Lane and Vernon L. Wilkinson were on the brief, for the United States.

Mr. W.R. Ashburn for respondent.

MR. JUSTICE BLACK delivered the opinion of the Court.

The United States dredged a tidewater navigable bay and deposited the dredged materials in a navigable arm of the bay called Mason Creek, thereby destroying its navigability, and impairing certain benefits alleged to inhere in the proximity of the land to a navigable tidewater creek. The broad question presented is whether the Fifth Amendment requires the government to compensate an owner of residential property...

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