Legal Opinion · Dissent
Georgia Power Co. v. 54.20 Acres of Land
Court of Appeals for the Fifth Circuit
Decided November 28, 1977No. Nos. 75-4448 and 77-1327Published
1DissentSimpson, Circuit Judge
Congress, in enacting a general scheme for the regulation of hydroelectric power, has authorized a state party licensed by the Federal Power Commission to bring a federal eminent domain action, but has failed to specify whether state or federal law should govern the measure of compensation. It is our function as a federal court to choose which law to apply, neither having been legislatively mandated. Our choice must follow the Sjjpieme Court’s pronouncements regarding federal common law. Believing that the majority in this case has wrongly chosen to apply federal law, I dissent in order to…
2Cases cited22 opinions
- United States v. MillerSupreme Court of the United States · 1943
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- Miree v. DeKalb CountySupreme Court of the United States · 1977
- Illinois v. City of MilwaukeeSupreme Court of the United States · 1972
- United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
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