Coates v. United States

110 F. Supp. 471, 124 Ct. Cl. 806, 1953 U.S. Ct. Cl. LEXIS 110
CourtUnited States Court of Claims
DecidedMarch 3, 1953
DocketNo. 49684
StatusPublished
Cited by12 cases

This text of 110 F. Supp. 471 (Coates v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coates v. United States, 110 F. Supp. 471, 124 Ct. Cl. 806, 1953 U.S. Ct. Cl. LEXIS 110 (cc 1953).

Opinion

Howell, Judge,

delivered the opinion of the court:

This is an action to recover just compensation for the taking by the United States of 225.86 acres of farm land adjoining the north or left bank of the Missouri River in St. Charles County, Missouri, in 1947, and for the taking of crops in 1945 and 1947. Plaintiffs, husband and wife, seek $82,040.04 for the destruction of the crops, and $97,500.00 representing the reduction in value of plaintiffs’ farm as a result of the alleged taking. The case was previously before us on defendant’s demurrer to the petition, which was overruled, 117 C. Cls. 795, and is now before us for final determination.

Plaintiffs contend that the acts of defendant (1) increased the water surface elevation of the river at plaintiffs’ farm, thereby increasing flood stages, (2) caused an increased velocity in flood waters over plaintiffs’ land, thereby causing greater destruction to the land, and (3) that the destruction of the land and crops constitutes a taking within the meaning of the Fifth Amendment to the Constitution.

Defendant denies that its acts had the effect complained of, and contends that its acts were not the direct and necessary cause of the damage to plaintiffs’ land and crops. Defendant further contends that assuming, arguendo, an increase in the velocity of the river as a result of defendant’s acts, plaintiffs have no right to recover, as indirect and consequential damages resulting to a riparian owner from improvements to navigation placed in a navigable1 stream by [808]*808the United States do not constitute a taking of private property for a public purpose with an implied promise to pay just compensation under the Fifth Amendment. Defendant also invokes the bar of the statute of limitations, and finally urges that plaintiffs are not entitled to recover for a condition existing at the time they purchased their farm.

The land involved in this action is located near Matson, Missouri, and has about 2,400 feet of river frontage on the . north or left bank of the Missouri Biver between Mile 54 and Mile 55, i. e., between 54 and 55 miles upstream from the mouth of the Missouri Biver where it flows into the Mississippi Biver.

Plaintiffs acquired the land involved through three purchases. The initial purchase took place in November 1942, when equitable title to a tract of 120 acres was acquired. In January 1943, equitable title to a tract of approximately 39 acres was obtained. At the time of these two purchases, plaintiffs had legal title to the tracts placed in the name of others in order to facilitate the acquisition of subsequent tracts at the best possible prices. Legal title to the two tracts was conveyed to plaintiffs on May 23, 1945, and August 31,1944, respectively. On June 12,1945, plaintiffs purchased a tract of about 66 acres, of which 26 acres was bottom land. The evidence does not reveal whether this purchase was prior to or after the flood of June 1945. The three purchases constitute plaintiffs’ present farm of 225.86 acres.

The southernmost 89 acres of plaintiffs’ farm, adjoining the river, is bottom land; the remainder is hill land. The area where plaintiffs’ farm is located lies in the flood plain of the Missouri Biver. The Missouri Biver is an alluvial stream, and the soil in Darst Bottoms, including plaintiffs’ bottom lands, consists of layers of sand, clay, and silt, which have been deposited by the river over long periods of time. Prior to 1947, most of plaintiffs’ bottom land was of a rich and fertile quality. The elevation of this land at the river [809]*809bank is 468 feet above mean sea level. Prior to 1942, a levee was constructed on plaintiffs’ farm by private interests. This levee has an elevation of 470 feet above mean sea level, and it has been overtopped by every major flood since its construction. The ordinary high water mark on the left bank of the river in the vicinity of plaintiffs’ farm is 465 feet above mean sea level.

Since 1890, the main current of the river has been directed against the left bank, both above and below Mile 55. As a result of the cutting action of the current, an extensive portion of what was formerly the left bank of the river has been destroyed. In 1924 the left bank of the river in the vicinity of Male 55 was more than 7,200 feet north of the line which marked the location of the bank in 1890. Since 1932, however, erosion of the left bank has been substantially prevented as a result of the construction of a revetment. This revetment was constructed partially by local interests and partially by the Corps of Engineers.

Pursuant to authority granted by Congress in the Act of July 25, 1912, 37 Stat. 201, and subsequent acts, the Corps of Engineers carried out a project for improving the navigability of the Missouri River from Kansas City to its confluence with the Mississippi.2 The means used for improving the navigability of the channel consisted of revetment to fix the banks and a system of permeable dikes to contract, shape, and stabilize the navigation channel. As a part of this program approximately 1,350 permeable dikes were installed in the river between Kansas City and its confluence. A number of such dikes were installed in the river above, below, and across the river from plaintiffs’ land. Construction of the dikes in the vicinity of plaintiffs’ farm was completed between 1930 and 1936. All of the dikes involved in this action were installed on the opposite side of the river from plaintiffs’ farm. They extended out into the river nearly at right angles and varied in length from about 300 feet to a maximum of 2,259 feet.

[810]*810The dikes consist of timbers about 40 feet long driven into the bed of the river, usually in clumps of two or three. The clumps are tied together with cables, and stringers used between the clumps. After the dikes had been constructed, sand bars formed downstream from each dike. Eventually the dikes became buried and created solid barriers which now constitute a new bank. The length of time ordinarily required for the formation of a sand bar below a dike varies from a few months to 10 years, and the length of time needed for dikes to become fully effective is from 10 to 15 years.

All of the dikes opposite plaintiffs’ farm were built below the ordinary high water mark of the river at the point of installation. The elevation of the highest point on any of the dikes was 462.3 feet above mean sea level, 2.7 feet below ordinary high water mark, 5.7 feet below the elevation of plaintiffs’ bottom land, and 7.7 feet below the top of the levee protecting the land.

The dikes have been effective in reducing the width of the water surface opposite plaintiffs’ land from 2,500 feet to approximately 1,300 feet, but the narrower and deeper channel which the water is forced to occupy has a capacity equal to the untrained channel during ordinary stages.

The area where plaintiffs’ farm is located has long been subject to damaging overflow. The greatest flood of record in the vicinity of Darst Bottoms occurred in 1844. The next major flood was in 1903. Thereafter there were a number of small floods, but no serious flood until 1927. What is now plaintiffs’ farm was flooded to some extent in 1927, 1928, 1929, and 1989, and was completely submerged by the floods which took place in 1935, 1941, 1942, 1943, 1944, 1945, and 1947.

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Bluebook (online)
110 F. Supp. 471, 124 Ct. Cl. 806, 1953 U.S. Ct. Cl. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coates-v-united-states-cc-1953.