Legal Opinion

Kirby Forest Industries, Inc. v. United States

Supreme Court of the United States

Decided May 21, 1984No. 82-1994PublishedCited by 501 opinions

1Opinion of the CourtJustice Marshall

Title 40 U. S. C. § 257, in conjunction with Rule 71A of the Federal Rules of Civil Procedure, prescribes a procedure pursuant to which the United States may appropriate privately owned land by eminent domain. The central issue in this case is whether the manner in which the value of the land is determined and paid to its owner under that procedure comports with the requirement, embodied in the Fifth Amendment, that private property not be taken for public use without just compensation.

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The United States customarily employs one of three methods when it appropriates private land for a…

2Cases cited24 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Agins v. City of TiburonSupreme Court of the United States · 1980
  5. United States v. MillerSupreme Court of the United States · 1943

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3Cited by501 opinions

  1. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  2. Westgate, Ltd. v. StateTexas Supreme Court · 1992
  3. East Tennessee Natural Gas Co. v. SageCourt of Appeals for the Fourth Circuit · 2004
  4. United States v. 50 Acres of LandSupreme Court of the United States · 1984
  5. City of Harlingen v. Estate of SharboneauTexas Supreme Court · 2001

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