0 0
Supreme Court of the United States - 317 U.S. 369
Tags: Property, Eminent domain
This case concerns compensation for property taken by the government for the relocation of railroad tracks due to a potential flood. The Fifth Amendment requires just compensation for private property taken for public use, which means the full and perfect equivalent in money of the property taken. Market value is the practical standard for measuring an owner's indemnity, but different circumstances may require different measures. The value of property taken must be ascertained as of the date of taking. The owner of the property being taken is entitled to receive only indemnity for their loss, and their award cannot be increased by any gain to the taker. When only a portion of a single tract of land is taken, the owner's compensation for the taking includes any value that arises from the relationship between the part taken and the entire tract, known as severance damage. However, if the taking benefits the remainder of the tract, the benefit can be set off against the value of the land taken. The Constitution does not require payment of consequential damages for other separate tracts of land owned by the same owner that are adjacent to the taken property. If the government later decides to take these neighboring lands, it must pay their market value as enhanced by the factor of proximity. The appeals court reversed the judgment due to errors made by the trial judge.
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.