Legal Opinion

United States v. Gettysburg Electric Railway Co.

Supreme Court of the United States

Decided January 27, 1896No. Nos. 599 and 629PublishedCited by 228 opinions

ERROR TO THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OF PENNSYLVANIA. These are two writs of error to the Circuit Court of the United States for the Eastern District of Pennsylvania. They involve the same questions.

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ERROR TO THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OF PENNSYLVANIA. These are two writs of error to the Circuit Court of the United States for the Eastern District of Pennsylvania. They involve the same questions. By the act of Congress, approved August 1, 1888, c. 728, 25 Stat. 357, entitled “ An act to authorize condemnation of land for sites of public buildings and for other purposes,” it is provided : “ That in every case in which the Secretary of the Treasury, or any other officer of the Government, has been or hereafter shall be authorized to procure real estate…

1Opinion of the CourtJustice Peckham

The really important question to be determined in these proceedings is, whether the use to which the petitioner desires to put the land described in the petitions is of that kind of public use for. which the government of the United States is authorized to condemn land.

It has authority to do so whenever it is necessary or appropriate to use the land in the execution of any of the powers granted to it by the Constitution. Kohl v. United States, 91 U. S. 367; Cherokee Nation v. Kansas Railway, 135 U. S. 641, 656; Chappell v. United States, 160 U. S. 499.

Is the proposed use, to which this land…

2Cases cited6 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  3. Shoemaker v. United StatesSupreme Court of the United States · 1893
  4. Kohl v. United StatesSupreme Court of the United States · 1876
  5. Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by228 opinions

  1. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
  2. Berman v. ParkerSupreme Court of the United States · 1954
  3. Hawaii Housing Authority v. MidkiffSupreme Court of the United States · 1984
  4. Downes v. BidwellSupreme Court of the United States · 1901
  5. Buttfield v. StranahanSupreme Court of the United States · 1904

223 more not listed; retrieve them via the Exa API.

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