Barron v. Mayor And City Council Of Baltimore

32 U.S. 243 (1833)

Facts

In the course of street construction work, the city diverted the flow of streams, causing deposit of sand and earth near Barron's wharf, so that the water there was too shallow for most vessels. Barron sued, claiming that the state's action violated the Fifth Amendment guarantee that private property shall not be 'taken for public use, without just compensation.'