Herring v. United States

I believe the low-level flights have created not only noise and vibration, but have also created a hazard such as to make plaintiffs’ property practically worthless and hence constitutes a total taking.

*699I would give judgment to plaintiffs for the total fair market value of the property as just compensation provided plaintiffs surrender title to the Government. Ferrell v. United States, 49 C. Cls. 222; Kugler v. United States, 4 C. Cls. 407.

FINDINGS OF FACT

The court, having considered the evidence, the report of Commissioner C. Murray Bernhardt, and the briefs and argument of counsel, makes…