Legal Opinion
Foster v. United States
United States Court of Claims
Decided October 17, 1979No. 34-75PublishedCited by 61 opinions
1Opinion of the CourtKunzig, Judge
Plaintiffs bring this claim for $4,368,750 plus interest, based on the Fifth Amendment of the Constitution, which declares, in part, "nor shall private property be taken for public use without just compensation.” They argue that as owners of certain mineral rights located on Government property, defendant’s denial of access to such property constitutes a compensable taking within the Fifth Amendment. The Government denies that plaintiffs have any interest as claimed, and even if so, that no taking of such an interest has occurred. We hold for plaintiffs.1
The mineral interests which are the…
2Cases cited26 opinions
- United States v. CausbySupreme Court of the United States · 1946
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- Goldblatt v. Town of HempsteadSupreme Court of the United States · 1962
- Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co.California Supreme Court · 1968
- United States v. DickinsonSupreme Court of the United States · 1947
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3Cited by61 opinions
- Yuba Goldfields, Inc. And Placer Service Corp. v. The United StatesCourt of Appeals for the Federal Circuit · 1983
- Del-Rio Drilling Programs Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1998
- Macy Elevator, Inc. v. United StatesUnited States Court of Federal Claims · 2011
- Hansen v. United StatesUnited States Court of Federal Claims · 2005
- Armijo v. United StatesUnited States Court of Claims · 1981
56 more not listed; retrieve them via the Exa API.