HURLEY V. KINCAID, 285 U. S. 95 (1932)

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U.S. Supreme Court

Hurley v. Kincaid, 285 U.S. 95 (1932)

Hurley v. Kincaid

No. 457

Argued January 4, 5, 1932

Decided February 23, 1932

285 U.S. 95


1. An owner of land lying within the proposed channel of the Boeuf Floodway, part of the plan authorized by the Mississippi River Flood Control Act, brought suit to enjoin the carrying out of the work in the floodway and specifically to enjoin the receiving of bids for the construction of the guide-levees therefor, claiming that, if the work should be commenced without proceedings first having been instituted to condemn his land or the flowage rights thereon, the United States would in effect be taking his property without due process of law and without just compensation. Complainant conceded that the Act was valid and that it authorized those charged with its execution to take his lands or an easement therein. Held, that injunction was not the proper remedy, for if what was done, or was contemplated, constituted a taking of the property, then, under the Tucker Act. there was a plain, adequate and complete remedy at law. P. 285 U. S. 104.

2. The Fifth Amendment does not entitle the owner of lands taken for public use to be paid in advance of the taking. Id. chanrobles.com-red

Page 285 U. S. 96

3. Where large public interests are concerned and the issuance of an injunction may seriously embarrass the accomplishment of important governmental ends, a court of equity acts with caution, and only upon clear showing that its intervention is necessary in order to prevent an irreparable injury. P. 285 U. S. 104, n.

49 F.2d 768 reversed.

Certiorari, 284 U.S. 610, to review a judgment of the Circuit Court of Appeals which affirmed a decree of the District Court enjoining petitioners from carrying out a project authorized by the Mississippi River Flood Control Act. The case is stated fully in the opinion. chanrobles.com-red

Page 285 U. S. 99


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