Kanakanui v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Territory of Hawaii; Cbas. F. Clemons, Judge. Action by S. M. Kanakanui, William R. Castle, and William R. Castle, as trustee for S. M. Kanakanui, against the United States. Judgment for the United States, and plaintiffs bring error.
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In Error to the District Court of the United States for the Territory of Hawaii; Cbas. F. Clemons, Judge. Action by S. M. Kanakanui, William R. Castle, and William R. Castle, as trustee for S. M. Kanakanui, against the United States. Judgment for the United States, and plaintiffs bring error. The court below sustained a demurrer to the complaint of the plaintiffs in error in an action which they brought against the United States, in which it was alleged that in a prior action between the same parties the United States had sought to condemn, for the erection of a military post and…
1Opinion of the CourtGiebert, Circuit Judge
(after stating the facts as above).
[1,2] The only limitation upon the power of the United States to exercise the right of eminent domain is that just compensation shall be made for property taken. Just compensation means the full equivalent for the property taken. Monongahela Navigation Co. v. United States, 148 U. S. 312, 326, 13 Sup. Ct. 622, 37 L. Ed. 463. By tire terms of the judgment of condemnation as it is here pleaded, and by the rule sustained by the weight of authority, there was no taking of the property which was sought to be condemned. Lewis on Eminent Domain, (3d Ed.) § 655. The…
2Cases cited10 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
- Pittsburgh's PetitionSupreme Court of Pennsylvania · 1914
- Carlisle v. CooperCourt of Appeals for the Second Circuit · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Danforth v. United StatesSupreme Court of the United States · 1939
- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
- United States v. 93.970 Acres of LandSupreme Court of the United States · 1959
- Barnidge v. United StatesCourt of Appeals for the Eighth Circuit · 1939
- United States Ex Rel. Tennessee Valley Authority v. Indian Creek Marble Co.District Court, E.D. Tennessee · 1941
34 more not listed; retrieve them via the Exa API.