General Box Co. v. United States

Mr. Justice Douglas, with whom Mr. Justice Harlan concurs,

dissenting.

We have at the root of this case a question of Louisiana law — whether the timber grown on batture is “property” and, if so, whether it may be confiscated without any opportunity to the owner to salvage or remove it. The timber concededly is of value. It is bought and sold and plays a significant role in the conduct of commercial enterprises.1 The Court apparently concedes that the timber is “property” within the meaning of the Fifth Amendment. Otherwise the Court would not reserve decision on whether the Due Process Clause…