Legal Opinion

Schiefelbein v. United States

Court of Appeals for the Eighth Circuit

Decided January 13, 1942No. 11899PublishedCited by 8 opinions

1Opinion of the Court

OTIS, District Judge.

The chief question presented is: When the United States, exercising the power of eminent domain, severs a public highway by taking land and so destroys the only access a person has to property he owns, is that person entitled to compensation ?

Appellant, Fay H. Schiefelbein (appellant Verna Schiefelbein is his wife), owned, in Iowa, 700 acres in a triangularly shaped tract along two sides and about the apex of which the Missouri River flowed in a sharp curve. To shorten the river, in aid of navigation, the United States condemned a strip of land and cut a new channel at…

2Cases cited7 opinions

  1. United States v. WelchSupreme Court of the United States · 1910
  2. Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
  3. Culver v. ConverseSupreme Court of Iowa · 1929
  4. McCann v. Clarke CountySupreme Court of Iowa · 1910
  5. Prymek v. Washington CountySupreme Court of Iowa · 1941

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Whitman v. State Highway Commission of MissouriDistrict Court, W.D. Missouri · 1975
  2. Steve Winn and Edith Winn v. United StatesCourt of Appeals for the Ninth Circuit · 1959
  3. United States v. 9,947.71 Acres of Land, More or Less, in County of Clark, State of NevadaDistrict Court, D. Nevada · 1963
  4. Cravens v. United StatesDistrict Court, W.D. Arkansas · 1958
  5. United States v. 45.50 Acres of LandCourt of Appeals for the Eighth Circuit · 1980

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