United States v. 10.0 Acres, Etc., and 33.4 Acres, Etc., Gesford P. Wright and Marie R. Wright

I respectfully dissent.

The majority opinion would create by judicial fiat a new right for landowners in condemnation cases. It is contrary to a line of cases holding that a landowner may recover damages for a taking but not for consequential damages. Campbell v. United States, 266 U.S. 368, 370-72, 45 S.Ct. 115, 69 L.Ed. 328 (1924). That case also held, in particular, that harm done by the Government’s use of lands once owned by third parties was mere consequential damages.

Campbell was essentially a severance case where the landowner recovered the value of the portion condemned and the…