Peabody v. United States
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. The facts, which involve the determination of whether the establishment of a battery in connection with its milir tary fortifications by the United States in the vicinity of claimants’ land amounted under the, circumstances of this case to a taking of property under the Fifth Amendment, are stated in the opinion.
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APPEAL PROM THE COURT OP CLAIMS. The facts, which involve the determination of whether the establishment of a battery in connection with its milir tary fortifications by the United States in the vicinity of claimants’ land amounted under the, circumstances of this case to a taking of property under the Fifth Amendment, are stated in the opinion. It cannot possibly be said that with this menace con-. stantly threatening the claimants’ land, materially and permanently impairing its value, their rights of use, exclusion and-disposition, have not been so seriously interfered with as to constitute…
1Opinion of the CourtJustice Hughes
■ This is an appeal from a judgment of the Court of Claims dismissing petitions for compensation for land alleged to-have been taken by the United States for public use. 46 Ct. Cls. 39. Separate suits were brought by Samuel Ellery Jennison, the .owner at the time the taking is said to have occurred, by his mortgagees, Mary R. Peabody and the Saco and Biddeford Savings Institution, and by his grantee, the Portsmouth Harbor Land and Hotel Company. These suits were consolidated and the merits were heard. The following facts are shown by the findings:
The land in question, comprising about two…
2Cases cited14 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- United States v. LynahSupreme Court of the United States · 1903
- Schillinger v. United StatesSupreme Court of the United States · 1894
- Scranton v. WheelerSupreme Court of the United States · 1900
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3Cited by62 opinions
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