United States Supreme Court Cases & Opinions

U.S. Supreme Court

Tempel v. United States, 248 U.S. 121 (1918)

Tempel v. United States

No. 29

Argued November 5, 1917

Decided December 9, 1918

248 U.S. 121

Syllabus

Not knowing that certain land on the Chicago River had become submerged through excavations privately made without the owner's consent, the government, believing it to be within the de jure stream,

Page 248 U. S. 122

and not intending to exercise the power of eminent domain, dredged the submerged land, claiming then and thereafter that it did so under the power to improve navigation. Held that there was no ground for implying a promise to compensate the owner, that his cause of action, if any, was in tort, and that an action by him against the United States was not within the jurisdiction of the district court under the Tucker Act. Hill v. United States, 149 U. S. 53, followed. United States v. Lynah, 188 U. S. 445, and United States v. Cress, 243 U. S. 316, distinguished. P. 248 U. S. 128.

Reversed.

The case is stated in the opinion.

Page 248 U. S. 123