United States v. Grizzard

Background

Owners of the Grizzard farm sued after the Government built locks and dams on Tates Creek to improve navigation. The backed-up water permanently flooded a strip of their farm, destroying its use for farming. The trial judge, with a jury waived, found seven and a half acres actually taken, valued the whole farm at $3,000 before the taking and $1,500 after, and awarded $1,500 total by splitting damages between the land taken and loss of access.

Reasoning

The central question was whether the owners could recover compensation for loss of access and diminished value of the land left after a permanent flood caused by the Government’s project, even though the flooded road was a public county road. The Court explained that when the Government actually takes part of a single tract, just compensation must include both the market value of the part taken and any injury to the remainder caused by that taking or by the use to which the taken part is put. The Court rejected the Government’s argument that damages for a public road’s easement were excluded and affirmed the lower judgment for the owners.

Real world impact

The ruling means that when federal projects permanently take part of a single farm by flooding or similar means, owners can recover not just for the strip taken but also for loss of access and reduced value to what remains. The decision affirms the trial court’s award and requires the Government to pay full compensation under these facts.