dominant servitude
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 350 U.S. 222 - United States v. Twin City Power Co. · 1956Most cited · 420 citing opinions
The interest of the United States in the flow of a navigable stream originates in the Commerce Clause. That Clause speaks in terms of power, not of property. But the power is a dominant one which can be asserted to the exclusion of any competing or conflicting one. The power is a privilege which we have called 'a dominant servitude' or 'a superior navigation easement.