Ballam v. United States
In Ballam v. United States, 806 F.2d 1017 (Fed.Cir.1986), cert. denied, U.S. 107 S.Ct. 1889, 95 L.Ed.2d 496 (1987), the government was granted an easement across Mrs. Ballam's land in which to construct and maintain an artificial canal which was to become part of the navigable waters of the Atlantic Intracoastal Waterway.
Following construction of the canal, it was discovered that the wave wash from passing boats on the canal caused significant erosion to Mrs. Ballam's land, and ultimately eroded fast lands outside the bounds of the easement.
In the district court, Mrs. Ballam was awarded damages for the taking of the land outside the easement lost to the erosion and for the cost of protecting the bank from further erosion.
The Court reversed.