Williams v. Parker

Background

A group of property owners challenged a Massachusetts statute that let the State take and actually destroy private property for public use while providing compensation only by allowing owners to sue the city for damages. The city of Boston was not a party to the taking, had no special appropriation for such payments, and denied liability. The Massachusetts Supreme Judicial Court treated the statute as a lawful condemnation and upheld it, and the case reached this Court on a federal due-process challenge.

Reasoning

The central question was whether it violates the Federal Constitution to permit a taking before final payment when owners must later recover damages from the city. The Court observed that the State provision and the Fifth Amendment are similar and relied on earlier decisions allowing possession prior to final payment if adequate compensation procedures exist. Because the state court provided a direct legal method to assess and enforce damages and because the city was a solvent entity, the Court held the statute supplied adequate compensation and did not conflict with the Federal Constitution, and it affirmed the state court judgment.

Real world impact

Property owners may lose use of or see property destroyed before any final compensation is paid, but they have a statutory cause of action to recover damages from the city. Cities can be assigned the financial burden for public takings even if they did not initiate the taking. The Court noted the proceeding was novel but accepted the state court’s characterization of it as a condemnation.