United States v. 531.13 Acres of Land, Etc.
United States Court of Appeals for the Fourth Circuit
366 F.2d 915 (1966)
- Written by Patrick Busch, JD
Facts
The United States (plaintiff) built a dam and reservoir in South Carolina. This required condemning 531.13 acres of land owned by the J. P. Stevens Company (Stevens) (defendant). The condemned land was part of a larger tract of land used by Stevens to operate a textile mill. Stevens discharged the mill’s waste water into a stream on the land. The water was statutorily classified as Class C due to the level of waste it contained. Once the dam and reservoir were completed, the stream flowed into the reservoir. Stevens was legally required to reduce the level of waste in its waste water so that it could meet the requirements to be considered Class A. This was because the reservoir was going to be used for public recreational purposes, and legally only Class A waste water can be pumped into bodies of water used for such purposes. The waste reduction cost Stevens approximately $50,000. Stevens claimed that it was entitled to compensation for the cost of the upgrade. The trial court held that it was not, and Stevens appealed.
Rule of Law
Issue
Holding and Reasoning ()
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