Legal Opinion

United States v. 1,997.66 Acres of Land, More or Less, in Polk County

Court of Appeals for the Eighth Circuit

Decided July 7, 1943No. 12483PublishedCited by 19 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

Three questions under the Declaration of Taking Act of February 26, 1931, 46 Stat. 1421, 1422, 40 U.S.C.A. §§ 258a-258e, are here involved.

The first is whether it is contemplated under the Act that the United States shall have any right to amend the declaration of taking filed in a condemnation proceeding, for the purpose of reducing an erroneous estimate of just compensation for the land taken, and to permit the Government to withdraw the excess of the cash deposited over the revised estimate.

The second is whether, if it is contemplated under the Act that such right…

2Cases cited18 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. United States v. MillerSupreme Court of the United States · 1943
  3. Langnes v. GreenSupreme Court of the United States · 1931
  4. Yearsley v. W. A. Ross Construction Co.Supreme Court of the United States · 1940
  5. Puerto Rico v. Shell Co. (PR), Ltd.Supreme Court of the United States · 1937

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

3Cited by19 opinions

  1. United States v. 44.00 Acres of LandCourt of Appeals for the Second Circuit · 1956
  2. Bill J. Bishop v. United StatesCourt of Appeals for the Fifth Circuit · 1961
  3. In Re United States of America Praying for a Writ of Mandamus or Writ of ProhibitionCourt of Appeals for the Fifth Circuit · 1958
  4. Park-In Theatres, Inc. v. Paramount-Richards Theatres, Inc.District Court, D. Delaware · 1950
  5. United States v. 0.45 Acre of LandCourt of Appeals for the Second Circuit · 1945

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

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