Baron v. Mayor and City Council of Baltimore

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Jump to navigationJump to search
Baron v. Mayor and City Council of Baltimore
Court
Citation 32 U.S. (7 Pct.) 243 (1833)
Date decided 1833

Facts

Baron sued the city for diverting streams and making the water by the wharf that he owned too shallow for boats.


Issues

Whether the takings clause of the Fifth Amendment applies to the city.


Holding

The constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states.


Rules

The takings clause of the Fifth Amendment is intended solely as a limitation on the exercise of power by the government of the United States, and is not applicable to the legislation of the states.