Footnotes

1067 Rands, 389 U.S. at 123; Lewis Blue Point Oyster Cultivation Co. v. Briggs, 229 U.S. 82, 88 (1913); Alameda Gateway, 45 Fed. Cl. at 763.1068 Va. Elec., 365 U.S. at 629; accord Rands, 389 U.S. at 123-24; United States v. Twin City Power Co., 350 U.S. 222, 225 (1956); see also Kaiser Aetna v.

1072 Commodore Park, 324 U.S. at 392-93; see, e.g., Weatherford v. United States, 606 F.2d 851, 853 (9th Cir. 1979) (holding navigational servitude applied to acquisition for purpose of relocating highway that would be submerged by construction of dam in navigable stream).1073 Commodore Park, 324 U.S. at 393.

1077 United States v. Rands, 389 U.S. 121, 124-25 (1967); accord United States v. Appalachian Elec. Power Co., 311 U.S. 377, 427 (1940) (“[T]here is no private property in the flow of the stream. This has no assessable value to the riparian owner.”).1078 Rands, 389 U.S. at 126; see also United States v. 30.54 Acres of Land in Greene Cty. (Filiaggi), 90 F.3d 790, 795 (3d Cir. 1996).

1071 Valdez, 666 F.2d at 1239 (citing Chi., M., St. P. & P. R. Co., 312 U.S. at 597); cf. United States v. Gerlach Live Stock Co., 339 U.S. 725 (1950) (finding Congress had not intended to exercise navigation servitude in acquisitions for specific dam project).1072 Commodore Park, 324 U.S. at 392-93; see, e.g., Weatherford v. United States, 606 F.2d 851, 853 (9th Cir. 1979) (holding navigational servitude applied to acquisition for purpose of relocating highway that would be submerged by construction of dam in navigable stream).

1073 Commodore Park, 324 U.S. at 393.Constitution requires. 1074 But “[s]uch a waiver of sovereign authority will not be implied [I]t

1049 Rands, 389 U.S. at 122-26; see United States v. Willow River Power Co., 324 U.S. 499, 509 (1945); see also United States v. Va. Elec. & Power Co., 365U.S. 624, 628-29 (1961); cf. Cherokee Nation, 480 U.S. at 704; Kaiser Aetna v. United States, 444 U.S. 164, 176 (1979) (“fast lands”); Scranton, 179

1052 Gilman, 70 U.S. at 724; accord Gibbons, 22 U.S. at 190 (“All America understands, and has uniformly understood, the word ‘commerce,’ to comprehend navigation. It was so understood, and must have been so understood, when the constitution was framed. The power over commerce, including navigation, was one of the primary objects for which the people of America adopted their government, and must have been contemplated in forming it.”); see United States v. Appalachian Elec. Power Co., 311 U.S. 377, 426-27 (1940).1053 Rands, 389 U.S. at 123; accord Cherokee Nation, 480 U.S. at 704.

1050 See 33 U.S.C. § 595a (codifying Section 111 of the Rivers and Harbors Act of 1970); see also United States v. Gerlach Live Stock Co., 339 U.S. 725, 739-42 (1950); cf. United States v. Fuller, 409 U.S. 488, 494 (1973) (“Congress may, of course, provide . . . that particular elements of value or particular rights be paid for even though in the absence of such provision the Constitution would not require payment.”).1051 U.S. Const. art. 1, § 8, cl. 3 (“Congress shall have power . . . [t]o regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes”); see Twin City Power, 350 U.S. at 224-25.

1048 United States v. Twin City Power Co., 350 U.S. 222, 227 (1956); see Lucas v. S.C. Coastal Council, 505 U.S. 1003, 1028-29 (1992); United States v.

1046 National Trails System Act, 16 U.S.C. §§ 1241-51 (2012); see 1983 Amendments, Pub. L. No. 98-11, 97 Stat. 48 (railbanking provisions).1047 See United States v. Rands, 389 U.S. 121, 122-23 (1967); Gilman v. City of Philadelphia, 70 U.S. 713, 724-25 (1865); Gibbons v. Ogden, 22 U.S. 1, 189- 93 (1824); United States v. 30.54 Acres of Land in Greene Cty. (Filiaggi), 90 F.3d 790, 795 (3d Cir. 1996). A servitude is an easement or other legal right to limited use of property without possession of it. See Section 4.6.5 (Easement Valuation Issues).