United States v. Chicago, B. & Q. R. Co.
Court of Appeals for the Seventh Circuit · 1937-04-12 · cited 33×
The case concerned federal condemnation proceedings to acquire 1.6 acres of land and flowage easements along the Mississippi River for the construction and operation of Lock and Dam No. 4, authorized by Congress in 1927. The government sought to condemn property and easements up to a pool elevation of 667 feet mean sea level, which affected portions of the Chicago, Burlington & Quincy Railroad's right-of-way, bridges, and roadbed. The district court appointed commissioners and submitted special questions to determine compensation, resulting in jury findings that the railroad was entitled to $400 for the land taken and $347,411.65 for damages to the remainder of its property, including costs to raise and extend multiple overflow bridges and grades in the Chippewa River bottoms. The court addressed the scope of damages proximately caused by the project's maintenance and operation at the specified pool level, while also handling related appeals from the awards in two consolidated actions.