Legal Opinion
Batten v. United States
Court of Appeals for the Tenth Circuit
Decided July 10, 1962No. 6906PublishedCited by 60 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
This case presents the novel question whether a taking of property, compensable under the Fifth Amendment, occurs when there is no physical invasion of the affected property but the operation and maintenance of military jet aircraft on an Air Force Base of the United States produce noise, vibration, and smoke which interfere with the use and enjoyment of the property. The appellants-plaintiffs, owners of 10 homes at Pauline, Kansas, sued the United States under the Tucker Act1 and base their claims on the use of jet aircraft at Forbes Air Force Base which adjoins…
2Cases cited22 opinions
- Armstrong v. United StatesSupreme Court of the United States · 1960
- United States v. CausbySupreme Court of the United States · 1946
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- United States v. DickinsonSupreme Court of the United States · 1947
- United States v. CressSupreme Court of the United States · 1917
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3Cited by60 opinions
- Samaad v. City of DallasCourt of Appeals for the Fifth Circuit · 1991
- Public Service Co. of Colorado v. Van WykSupreme Court of Colorado · 2001
- Washington Market Enterprises, Inc. v. City of TrentonSupreme Court of New Jersey · 1975
- Alevizos v. Metropolitan Air. Com'n of Mpls. & St. P.Supreme Court of Minnesota · 1974
- Grace E. Avery v. The United StatesUnited States Court of Claims · 1964
55 more not listed; retrieve them via the Exa API.