WATERS AND WATERCOURSES - EXTENT OF RIPARIAN LAND -COMPENSATION ON CONDEMNATION

In a recent case compensation was sought for the taking of riparian land for public use. The Supreme Court of Nebraska held that the award should be limited to damages to those sections of land {by the government plat) bordering on the stream. A decision note in this REVIEW criticized that ruling. It was there said that proximity to riparian land might add value even to non-riparian land.

Later a rehearing of the case was granted and a new opinion filed. Held, "damages . . . are not limited to governmental sections a part of which is included in the land actually taken, where depreciation in the value of the remainder extends beyond those sections." McGinley v. Platte Valley Power & Irrigation District, (Neb. 1937) 275 N. W. 593.