1935

Oliver v. Richmond

Supreme Court of Virginia

165 Va. 538, 178 S.E. 48

Landowners claimed that by moving the water course of the James River away from their land for improved navigation, the City would cause future damage to landowners’ property. None of their lands were taken by condemnation. City asserted that there was no such thing as private ownership in the flow of a navigable stream, and the City could divert the water. Landowners were allowed damages and trial court affirmed award. Supreme Court reversed. The waters of a navigable stream were not subject to private ownership, and any riparian rights were subordinate to the public right of navigation. As there was no taking of property, the riparian owner was not allowed compensation for consequential damage.

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