Hempstead Warehouse Corp. v. United States

WHITAKER, Judge.

Plaintiff sues the defendant on three grounds: first, it says the defendant threatened to take its property and thus for a period of time prevented a sale of it; second, that defendant flew its airplanes over its lands at a low level, which prevented it from using its property and which frightened away persons who might have been interested in purchasing it. The third claim has been abandoned.

Plaintiff admits that the threat to condemn one's property does not constitute a taking, as well it must; but it says that the Act referring plaintiff’s claim to this court acknowledged…