Lansing v. Smith
Lansing v. Smith, 4 Wend. 9 (1829)
Winning Party
Defendants
Key Issue
Unconstitutional Taking/Impairment of Contract
Case Type
CIVIL
Facts
•
The construction of the basin allegedly injured the plaintiff's property.
•
The plaintiff alleged injury from the erection of the bridges.
•
The defendants were authorized to construct the Albany basin by an act of 1823.
•
The contractors constructed the bridges at their own expense.
•
The plaintiff claimed the act of 1823 was unconstitutional and that the temporary bridges were not within the powers conferred by the act.
•
The defendants contracted with individuals to fill in the wharf.
•
The plaintiff held a patent for the land under water.
•
Temporary bridges were erected during the construction of the Albany basin.
•
The plaintiff owned land adjacent to a wharf.
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Key Holdings
•
The act of 1823 was constitutional, and the plaintiff's loss, if any, was damnum absque injuria.
•
The defendants were not liable because they did not erect the bridges, and there was no evidence of specific injury to the plaintiff.
Citations
Lansing v. Smith, 4 Wend. 9 (1829)
Legal Reasoning
The court reasoned that the state, as successor to the king, has the right to regulate navigable waters for the benefit of the public. The plaintiff's patent did not grant exclusive rights that would prevent the state from making public improvements. The court also found that the defendants were not responsible for the temporary bridges, and there was no evidence of specific injury to the plaintiff.
Outcome
The judgment of the Supreme Court was affirmed.
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