Heins Implement Co. v. Missouri Highway & Transportation Commission

Heins Implement Co. and others (plaintiffs) owned property near Wakenda Creek that flooded in heavy rain, though water never reached their buildings. The Missouri Highway & Transportation Commission (defendant) built a highway bypass along the creek with an undersized culvert; the bypass acted as a dam and flooded the plaintiffs' buildings, causing significant damage. The plaintiffs sued for inverse condemnation and won a jury verdict.

Whether a landowner may remove surface water from his land in a manner that needlessly or negligently harms adjoining land owned by others.