Davis v. United States

This action involves thirty-two tracts of land2 claimed to have been invaded by overflights of Government aircraft which appropriated easements of flight for which just compensation must be paid. The Trial Commissioner has made extensive findings and the plaintiffs have taken no exception to them.3 The Government admits a taking with respect to some of the tracts,4 but it hotly disputes that this is true of the others; it challenges, also, the Trial Commissioner’s *614findings on diminution of value. The suit has been tried under the legal standard that a compensable taking occurs when there are…