Richards v. Washington Terminal Co

Richards v. Washington Terminal Company, 233 U.S. 546 (1914), was a case decided by the Supreme Court of the United States resolving the question when a government-created nuisance amounted to a taking of property under the Fifth Amendment's Takings Clause of the United States Constitution.

In Richards, the Court in a 8–1 decision, held that any diminution of the value of property not directly invaded nor peculiarly affected by a government-created nuisance, but instead sharing in the common burden of incidental damages arising from the legalized nuisance, is not a taking under the U.S.

[1] The case involved a landowner who claimed that they were injured from the smoke, dust, cinders, and gases emitted from the defendant's railroad which abutted the landowner's property.

[2] The Court found no taking from the injuries that the plaintiff were suffered common to the public.

However, because the railroad tunnel adjoining the landowner's property had a fanning system, which directed gases and dust onto the landowner's property, a taking occurred.