Horace Harmon Lurton

“ The constitutional limitation upon the power of eminent domain possessed by the United States is that 'private property shall not be taken for public use without just compensation.' The 'just compensation' thus guaranteed obviously requires that the recompense to the owner for the loss caused to him by the taking of a part of a parcel, or single tract of land, shall be measured by the loss resulting to him from the appropriation. ”

“ Whenever there has been an actual physical taking of a part of a distinct tract of land, the compensation to be awarded includes not only the market value of that part of the tract appropriated, but the damage to the remainder resulting from that taking, embracing, of course, injury due to the use to which the part appropriated is to be devoted. ”

“ The damage to the land not appropriated is the obvious consequence of the taking of a part of the whole by flooding,-a manner of appropriating which has made the village market, church, and school so inconvenient of access as to add some 3 miles of travel by an unimproved and roundabout country road. ”