Legal Opinion
James Flood and Mary Emma Stebbens, as Trustees of the Trust Created by Paragraph III of the Last Will of James L. Flood, Deceased v. United States
Court of Appeals for the Ninth Circuit
Decided January 25, 1960No. 16224PublishedCited by 3 opinions
1Opinion of the Court
MAGRUDER, Circuit Judge.
In this case we have to determine what is “just compensation” within the meaning of the Federal Constitution. Following its modern practice, the United States condemned here only a term for years. This practice has introduced many perplexities, some of which were dealt with by the Supreme Court in United States v. Westinghouse Electric & Mfg. Co., 1950, 339 U.S. 261, 70 S.Ct. 644, 94 L.Ed. 816. See the dissenting opinion in the court below, 1 Cir., 1948, 170 F.2d 752, 756.
It is worth while to observe that the obligation of the United States is imposed only by the…
2Cases cited8 opinions
- United States v. MillerSupreme Court of the United States · 1943
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- United States v. CorsSupreme Court of the United States · 1949
- United States v. Toronto, Hamilton & Buffalo Navigation Co.Supreme Court of the United States · 1949
- United States v. Westinghouse Electric & Manufacturing Co.Supreme Court of the United States · 1950
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3Cited by3 opinions
- Fowler Irrevocable Trust 1992-1 v. City of BoulderSupreme Court of Colorado · 2001
- United States v. 1440.35 ACRES OF LAND, ETC.District Court, D. Maryland · 1977
- United States v. 883.89 Acres of Land, More or Less, Situate in Sebastian County, State of Arkansas, Peerless Coal Company, and Unknown OwnersCourt of Appeals for the Eighth Circuit · 1971