Legal Opinion
United States v. 15.3 Acres of Land
District Court, M.D. Pennsylvania
Decided May 6, 1955No. Civ. A. No. 5051PublishedCited by 4 opinions
1Opinion of the Court
JOHN W. MURPHY, Judge.
Under the circumstances here present, in view of Rule 71A(h) of the Federal Rules of Civil Procedure effective as of August 1, 1951, what procedure should be adopted in determining the issue of just compensation for property taken by the Government under the power of eminent domain ? The government contends that in view of its demand the matter may be determined only by a jury; defendant railroad company counters that the matter is of such a nature that it should be determined by a commission appointed by the court.
At the request of the Secretary of the Army for the…
2Cases cited16 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Head v. HargraveSupreme Court of the United States · 1882
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- United States v. WaymireCourt of Appeals for the Tenth Circuit · 1953
- United States v. City of New YorkCourt of Appeals for the Second Circuit · 1948
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3Cited by4 opinions
- United States v. Delaware, Lackawanna & Western Railroad CompanyCourt of Appeals for the Third Circuit · 1959
- United States v. 15.3 Acres of Land, More or Less, Situate in the City of ScrantonDistrict Court, M.D. Pennsylvania · 1957
- United States v. 15.3 Acres of Land, More or Less, Situate in ScrantonDistrict Court, M.D. Pennsylvania · 1957
- United States v. Certain Interests in Property in CascadeDistrict Court, D. Montana · 1958