Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-12
In The matter OF the application of the
Union Depot Street Railway and Trans

In The matter OF the application of the
Union Depot Street Railway and Trans
fer company, of Saltwater, for the ap-
polntment OF commissioners to con-
denim land in the county of Washington
for corporate purposes,( Margaret B1uns-
wick, widow of julius Brunswick, de-
ceasedl respondents vs. the Union Depot
Railway and Transfer company, Still
water, appellants.
Syliabus-Tha question at issue being
the value of land proposed to be taken for
railway purposes, it was an error to admit
evidence to show that there was no other
route by which the proposed railroad could
be built except across the land in question.
The measure of the landowners compen-
sation is the value of the land at the time
1t is taken, therefore, any supposed
future increase of value by reason
of the building of the pro
posed road should not
be taken into account. 1t is the settled
law of this state that a riparian owner
upon navigable stream has the fee to
low water mark. But in addition to this
ne has as incident to his ownership certain
riparian rights among which are the right
to enjoy free communication between his
AUDITING premises and the navigable chan
mel of the stream, to build and maintain
suitable piers, landings or wharves on and
in front of his land and to extend the same
therefrom into the point of na7igability
even beyond low water mark, and to this
extent to occupy exclusively, for such and
like purposes the bed of the stream subor-
| dinate only to the paramount right of
navigation. These riparian rights are
property and cannot be taken away by the
state without paying iast compensation
therefor. The tern. point of
navigability" a. used in this
connection, is one v hoze meaning and ap-
plication must vary with and depend
upon circumstances such as the nature
If the stream and the kind and size of
vessels used upon it. It is not to be linn
tied to that point where the stream may be
| naviggble for some purposes at certain
stages Of water, but must be understood as
extending out into the stream sufficiently
| far to enable q riparian!o wner to make his
| abutting properly available and useful at
| any ordinary stage of water for any kind
| of navigation for which the stream is used
| or'adapted provided, of course, he does mol
| obstruct the paramount rights of the pub
| lie. It is not material whether this Is
| done by building out piers or docks Of
wood or other material, or by reclaiming
the land by filing up with earth out to ths
requisite depth of water. If, however, the
riparian owner unlawfully in
trades into the stream beyond The
point Of navigability as above defined
and there fills up the bed of the stream
for the sole purpose of extending his
possessions and SO as to obstruct the pub
lie right of navigation, this would consti
tute parpresture which the public would
have right to abate as public nuisance
while it would not forfeit his riparian
rights as they previously existed, yet hi
could claim no additional rights on &c
count of it, and when his property is takel
for public use he would not be entitled Il
any additional or greater compensation
be 1sUse Of It. In this there Is 10 eYidenc'