1828
Crenshaw & Crenshaw v. Slate River Co.
Supreme Court of Virginia
27 Va. 245
Landowners operated a grist-mill with a dam on the Slate River. Legislature passed act to improve navigation on the river. Although there were unnavigable rapids upstream from their dam, they were required to build locks to allow bateau navigation. Landowners filed for injunction to get relief from the lock building requirements. Trial court ultimately dissolved injunction. Supreme Court reversed. Court held legislation unconstitutional. The stream was both private and unnavigable. To require the cost of building pointless locks would take their property without just compensation.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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