Barron ex rel. Tiernan v. Mayor of Baltimore

PETITIONER: John Barron ex rel. Tiernan
RESPONDENT: Mayor of Baltimore
LOCATION:

DOCKET NO.: None
DECIDED BY: Marshall Court (1830-1834)
LOWER COURT:

ARGUED: Feb 08, 1833 / Feb 11, 1833
DECIDED: Feb 16, 1833

Facts of the case

John Barron was co-owner of a profitable wharf in the harbor of Baltimore. As the city developed and expanded, large amounts of sand accumulated in the harbor, depriving Barron of the deep waters which had been the key to his successful business. He sued the city to recover a portion of his financial losses.

Question

Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner?