In the case of Kirk, Superintendent of Public Works, et al. v. The Providence Mill Company in 1928, the U.S Supreme Court ruled on a dispute involving water rights and property damage caused by public works projects. The Providence Mill Company owned land adjacent to a river that was altered by state-directed construction work which resulted in flooding and subsequent damage to their property. They sued for compensation under the Takings Clause of the Fifth Amendment which prohibits private property being taken for public use without just compensation. However, Rhode Island law stated that no damages could be claimed if they were not filed within two years after completion of such project causing harm. The court held that while states have power over local improvements and can set time limits for claims resulting from these improvements; it cannot bar rightful claimants who did not know about potential damages at conclusion of improvement work from seeking redress later when actual injury becomes apparent or known. This ruling established an important precedent regarding interpretation of "takings" under federal constitutional law - asserting that physical invasion or appropriation isn't necessary to constitute taking but substantial impairment is enough even if delayed or indirect.

In the dissenting opinion for Kirk, Superintendent of Public Works, et al. v. The Providence Mill Company case in 1928, it was argued that the majority's decision to uphold a state law allowing private property to be taken without compensation violated the Fifth Amendment's Takings Clause. This clause prohibits government from taking private property for public use without just compensation. The dissenters believed that this principle should apply regardless of whether or not the landowner had notice and opportunity to challenge before their property was taken away by eminent domain proceedings under state law. They contended that such actions were unconstitutional as they deprived individuals of their right to due process and fair treatment under the law.