Harlan F. Stone

“ We think that the benefits intended must be taken to be those obvious advantages which would accrue to lands in the vicinity of a park, because of their location, and which would be reflected in their market value, even though there were no guaranty that the park would be continued for any particular length of time. ”

“ In explaining the assessment provision on the floor, Mr. Payson said: 'Suppose that a man owns a piece of property, distant, we will suppose, a quarter of a mile from the park and that piece of property is worth today $1,000. Now, if by reason of the expenditure made by the Government in this great public improvement this man's property should become, in the judgment of the commission, worth $2,000, the direct benefit thus arising to the property would be assessed against it to assist in paying for the proposed improvement.' Id. ”

“ The presence of such a structure will, it is admitted, diminish the attractiveness of respondents' lands for residence purposes, and, in consequence, decrease their exchange value. Respondents contend that they have a valuable right appurtenant to their land, in the nature of an easement, to have the land used for park purposes, and that the act of Congress, directing its use for other purposes, is a taking of their property without just compensation, in violation of the Fifth Amendment. ”

“ For present purposes we assume that the proposed building with divert the land from park uses, and address ourselves to the question upon which the other issues in the case depend, whether the respondents, plaintiffs in the trial court, are vested with the right for which they invoke constitutional protection. ”

“ It is true that the mere presence of the park may have conferred a special benefit on neighboring owners and enhanced the value of their property. But the existence of value alone does not generate interests protected by the Constitution against diminution by the government, however unreasonable its action may be. The beneficial use and hence the value of abutting property is decreased when a public street or canal is closed or obstructed by public authority, Meyer v. ”

“ The dedication expressed no more than the will of a particular Congress which does not impose itself upon those to follow in succeeding years. See Newton v. Mahoning County Commissioners, 100 U.S. 548, 559, 25 L.Ed. 710; Connecticut Mutual Life Insurance Co. ”