Legal Opinion · Dissent

Olson v. United States

Court of Appeals for the Eighth Circuit

Decided August 17, 1933No. 9279-9281Published

1DissentBooth, Circuit Judge

With great reluctance I find myself unable to agree with the opinion of the majority of the court. The main issue in the eases is thus clearly stated in the majority opinion: “The issue is whether the use of these properties for flowage purposes is such a use as, under the circumstances here, can be considered as an element of that value for which compensation must be made.”

Two incidental questions are discussed in the majority opinion. I shall pass them by, as I do not think they are of decisive importance.

The crucial question is, in my judgment, whether the use of the land for reservoir or…

2Cases cited20 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
  3. City of New York v. SageSupreme Court of the United States · 1915
  4. Glenny v. LangdonSupreme Court of the United States · 1878
  5. McGovern v. City of New YorkSupreme Court of the United States · 1913

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