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United States v. Willow River Power Co.
''United States v. Willow River Power Co.'', is a 1945 decision of the U.S. Supreme Court involving the question whether the United States was liable under the Fifth Amendment for a “taking” of private property for a public purpose when it built a dam on navigable waters that raised the water level upstream to lessen the head of water at a power company’s dam, thereby decreasing the production of power by the company’s hydroelectric turbines. The Court’s opinion is notable because it asks the question whether the courts will provide a remedy because a property right has been invaded or a property right exists because the courts will enforce it.〔The initial use of this question in property law analysis has been attributed to Professor Myres McDougal of the Yale Law School. See Richard H. Stern, ''( Scope-of-Protection Problems With Patents and Copyrights on Methods of Doing Business )'', 10 FORDHAM INTELL. PROP., MEDIA & ENT. L.J. 105,128 n.100 (1999) (referring to "Professor Myres McDougal’s famous question, 'Do we protect it because it’s a property right, or is it a property right because we protect it?'”).〕 This is a reformulation of the Euthyphro dilemma found in Plato's dialogue ''Euthyphro''.〔In ''Euthyphro'' Socrates asks Euthyphro: "Is the pious (τὸ ὅσιον) loved by the gods because it is pious, or is it pious because it is that which the gods love (τὸ θεοφιλές)?"〕
==Factual background==
The Mississippi River, a navigable stream, is joined by the St. Croix River, another navigable stream, slightly above Red Wing, Minnesota. Farther up the St. Croix, the Willow River, a non-navigable stream, flowed into the St. Croix, but some years ago a dam was built blocking off the former mouth of the Willow. A channel was dug above that dam, connecting the Willow to the St. Croix, and the channel was also dammed. A mill was built to exploit the head of water created by the two dams. Subsequently, the Willow River Power Company acquired the land adjacent to these dams and it built a hydroelectric facility near them. The spillway or tailrace below the power’s company’s turbines exited into the St. Croix River. (See map.)
The United States then built the Red Wing Dam on the Mississippi River. The dam raised the water level of the Mississippi above Red Wing and also that of the St. Croix. The effect was to decrease the available head of water at the hydroelectric plant by three feet, decreasing the power output from the turbines and requiring the power company to purchase electric power from other sources. The economic loss to the power company was $25,000. The power company sued the United States for a taking and was awarded $25,000. The United States appealed to the Supreme Court.〔324 U.S. at 501.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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