Tempel v. United States
Headline: Court dismisses landowner’s compensation suit after United States claimed ownership of submerged Chicago River land, blocking payment for dredging used to improve navigation.
Holding:
- Blocks compensation suits when the Government claims prior ownership of submerged land.
- Limits recovery for riparian owners after federal dredging for navigation.
- Affirms some disputes are tort claims, not contract claims under the Tucker Act.
Summary
Background
An Illinois landowner named Tempel owned riverbank property on the North Branch of the Chicago River. From 1889 to 1899 his lessee excavated and submerged part of the upland to make bricks. The United States later dredged the channel in 1899 and again in 1909 to deepen and widen the river for navigation. Tempel did not learn of the earlier excavations until 1910 and then demanded possession; when the Government refused he sued in federal court in 1911 under the Tucker Act seeking payment for property he said had been taken.
Reasoning
The Court addressed whether the federal government had impliedly promised to pay for the land used in the improvement project. The trial court found the river navigable and entered judgment for the Government. The Supreme Court explained that because the United States asserted it already held the right to the submerged land when it dredged, the law could not imply a contract to pay. The Tucker Act permits suits on contracts, not torts; if the Government’s ownership claim is wrong, the dispute would be a tort claim for which the Tucker Act gives no remedy. Earlier cases where the Government did not assert such a right were different.
Real world impact
As a result the Court reversed and ordered the District Court to dismiss the suit for lack of power to hear a contract claim. Riparian owners affected by federal navigation projects may be unable to obtain payment under the Tucker Act when the Government claims preexisting rights over submerged land. This ruling is procedural: it denies a contractual remedy but does not finally decide the underlying property ownership.
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