New Orleans Gas Co. v. Drainage Comm., 197 U.S. 453 (1905) (No. 172)

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Title
New Orleans Gas Co. v. Drainage Comm., 197 U.S. 453 (1905) (No. 172)
Publication year listed
1905
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New Orleans Gas Co. v. Drainage Comm., 197 U.S. 453 (1905) (No. 172)

Author: Supreme Court of the United States

Year: 1905

Case name: New Orleans Gas Co. v. Drainage Comm. Opinion filed: 1905-04-03 Docket No.: 172 Citations: • 197 U.S. 453 • 25 S. Ct. 471 • 49 L. Ed. 831 • 1905 U.S. LEXIS 1193 Case holding summaries: • if a gas company is required at its own expense to change the location of its pipes in the public street when the city installs a drainage system, "none of the property of the gas company has been taken" • explaining that "uncompensated obedience to a regulation enacted for the public safety under the police power of the state [is] not taking property without due compensation" • "The drainage of a city in the interest of the public health and welfare is one of the most important purposes for which the police power can be exercised." • holding imposition on gas company of the costs of relocating gas pipes to accommodate construction of municipal drainage system was an exercise of the police power essential to the health of the community • holding that the injury sustained by the utility is damnum absque injuria [3]

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