Legal Opinion · Dissent

Muschany v. United States

Supreme Court of the United States

Decided February 5, 1945No. Nos. 31, 32Published

1DissentJustice Black

The Constitution provides that the government shall not take private property for a public purpose without payment of just compensation. The problem here is whether the arrangements now before us give rise to en-forcible agreements or whether the rights of the parties are to be governed by the constitutional requirement for “just compensation” for the land needed by the government. More specifically, the question is whether in the situation revealed by this record the law demands that certain property holders shall receive in payment for their properties amounts which, even in the absence of…

2Cases cited13 opinions

  1. United States v. MillerSupreme Court of the United States · 1943
  2. Danforth v. United StatesSupreme Court of the United States · 1939
  3. Michoud v. GirodSupreme Court of the United States · 1846
  4. Hume v. United StatesSupreme Court of the United States · 1889
  5. Tool Co. v. NorrisSupreme Court of the United States · 1865

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