In the case of Kersh Lake Drainage District et al. v. Johnson, 1939, the U.S Supreme Court ruled in favor of Johnson, a landowner whose property was affected by drainage work carried out by Kersh Lake Drainage District. The district had constructed ditches and levees on his land without providing compensation for damages caused to his property as required under Missouri law. The court held that this action constituted an unlawful taking of private property without just compensation in violation of the Fifth Amendment's Takings Clause. This ruling affirmed that government entities must provide fair compensation when their actions result in damage or devaluation to private properties even if it is done for public benefit like flood control purposes.

In the dissenting opinion for Kersh Lake Drainage District et al. v. Johnson, the justice argued that the majority's decision to uphold a Missouri statute allowing landowners to form drainage districts and levy taxes without voter approval was unconstitutional. The justice contended that this law violated both due process and equal protection clauses of the Fourteenth Amendment by imposing taxation without representation on affected property owners who did not consent to forming these districts or levying these taxes. Furthermore, he asserted that it was unfair for only certain landowners within a district - those whose lands were deemed benefited by improvements - to bear all costs associated with such projects while others enjoyed benefits without contributing financially. He also questioned whether there was sufficient evidence proving actual benefit received by taxed properties in relation to their assessed values as required under Missouri law before any tax could be imposed.