kohl v united states oyezBlog

kohl v united states oyez

Such an authority is essential to its independent existence and perpetuity. The U.S. Supreme Court first examined federal eminent domain power in 1876 in Kohl v. United States . Property was transformed into airports and naval stations (e.g., Cameron Development Company v. United States 145 F.2d 209 (5th Cir. hath this extent; no more. Under this exception, an officer only needs probable cause to search a vehicle, rather than a search warrant. But the right of a State to act as an agent of the Federal government, in actually making the seizure, has been denied. True, its sphere is limited. Judgment was rendered in favor of the United States. 447. Beyond that, there exists no necessity; which alone is the foundation of the right. The power is not changed by its transfer to another holder. The protection extends to the personal security of a citizen. Date published: Jan 1, 1875 Citations Copy Citation 91 U.S. 367 (1875) Citing Cases PennEast Pipeline Co. v. New Jersey By the second half of the 19th century, however, this Court confirmed that federal eminent domain extended to Georgia Power Co. v. 54.20 Acres of Land The consent of a state can never be a condition precedent to its enjoyment. 465; Willyard v. Hamilton, 7 Ham. Nor am I able to agree with the majority in their opinion, or at least intimation, that the authority to purchase carries with it authority to acquire by condemnation. They moved to dismiss the proceeding on the ground of want of jurisdiction; which motion was overruled. Therefore the United States had the right to pursue in the Circuit Court the remedy given by the legislature of Ohio, 70 Ohio Laws, 36. 94-1664 Decided by Rehnquist Court Lower court United States Court of Appeals for the Ninth Circuit Citation 518 US 81 (1996) Argued Feb 20, 1996 Decided Jun 13, 1996 Advocates It is of this that the lessees complain. The plaintiffs in error, Kohl and others, owned a perpetual leasehold estate in a portion of the property in Cincinnati. It is quite immaterial that Congress has not enacted that the compensation shall be ascertained in a judicial proceeding. In Trombley v. Humphrey, 23 Mich. 471, a different doctrine was asserted, founded, we think, upon better reason. Assuming that the majority are correct in the doctrine announced in the opinion of the court,that the right of eminent domain within the States, using those terms not as synonymous with the ultimate dominion or title to property, but as indicating merely the right to take private property for public uses, belongs to the Federal government, to enable it to execute the powers conferred by the Constitution,and that any other doctrine would subordinate, in important particulars, the national authority to the caprice of individuals or the will of State legislatures, it appears to me that provision for the exercise of the right must first be made by legislation. It is difficult, then, to see why a proceeding to take land in virtue of the government's eminent domain, and determining the compensation to be made for it, is not within the meaning of the statute a suit at common law when initiated in a court. KOHL v. THE UNITED STATES. 1, it was required to conform to the practice and proceedings in the courts of the state in like cases. Overturned or Limited reach of ruling limited later on with Warden v. Hayden Justice William Strong called the authority of the federal government to appropriate property for public uses essential to its independent existence and perpetuity. Kohl v. United States, 91 U.S. 367, 371 (1875). If the proceeding was properly brought in the Circuit Court, then the act of Congress of June 1, 1872, 17 Stat. The Land Acquisition Section and its earlier iterations represented the United States in these cases, thereby playing a central role in early United States infrastructure projects.Condemnation cases like that against the Gettysburg Railroad Company exemplify another use for eminent domain: establishing parks and setting aside open space for future generations, preserving places of historic interest and remarkable natural beauty, and protecting environmentally sensitive areas. 523, Chief Justice Taney described in plain language the complex nature of our government and the existence of two distinct and separate sovereignties within the same territorial space, each of them restricted in its powers, and each, within its sphere of action prescribed by the Constitution of the United States, independent of the other. 21-5726 Decided by Roberts Court Lower court This case presented a landowners challenge to the power of the United States to condemn land in Cincinnati, Ohio for use as a custom house and post office building. No. 2. No. While the petitioners protest that no act of the United States Congress was used to determine the details of the acquisition, the Court ruled such legislation appropriate but unnecessary; it did not prevent the right to acquire land from being vested in the United States Secretary of the Treasury. The federal courts have no inherent jurisdiction of a proceeding instituted for the condemnation of property, and I do not find any statute of Congress conferring upon them such authority. Sept. 29, 2011) (unpublished opinion). https://www.thoughtco.com/eminent-domain-cases-4176337 (accessed March 2, 2023). Eminent domain has been utilized traditionally to facilitate transportation, supply water, construct public buildings, and aid in defense readiness. Its national character and importance, we think, are plain. Furthermore, the court held that the amount of land needed in any eminent domain seizure is for the legislature to determine, not the court. ', And in the subsequent Appropriation Act of March 3, 1873, 17 Stat. 270. And in the subsequent Appropriation Act of March 3, 1873, 17 Stat. These institutions did not meet the requirement by providing "beneficial and stabilizing influences in community life" to be supported by taxpayers with a special tax status. In directing the course of the trial, the court required the lessor and the lessees each separately to state the nature of their estates to the jury, the lessor to offer his testimony separately and the lessees theirs, and then the government to answer the testimony of the lessor and the lessees, and the court instructed the jury to find and return separately the value of the estates of the lessor and the lessees. 352, a further provision was made as follows:, 'To commence the erection of a building at Cincinnati, Ohio, for the accommodation of the United States courts, custom-house, United States depository, post-office, internal-revenue and pension offices, and for the purchase, at private sale or by condemnation, of ground for a site therefor,the entire cost of completion of which building is hereby limited to two million two hundred and fifty thousand dollars (inclusive of the cost of the site of the same), seven hundred thousand dollars; and the act of March 12, 1872, authorizing the purchase of a site therefor, is hereby so amended as to limit the cost of the site to a sum not exceeding five hundred thousand dollars. Giesy v. C. W. & T. R.R. There is nothing in the acts of 1872, it is true, that directs the process by which the contemplated condemnation should be effected, or which expressly authorizes a proceeding in the circuit court to secure it. 249. The one supposes an agreement upon valuation, and a voluntary conveyance of the property: the other implies a compulsory taking, and a contestation as to the value. The government seized a portion of the petitioners lands without compensation for the purpose of building a post office, customs office, and other government facilities in Cincinnati, Ohio. Albert Hanson Lumber Company v. United States, 261 U.S. 581 (1923), for instance, allowed the United States to take and improve a canal in Louisiana. The right of eminent domain always was a right at common law. 2, c. 15; Kent's Com. Spitzer, Elianna. 522. 69 Ohio Laws, 81. Within its own sphere, it may employ all the agencies for exerting them which are appropriate or necessary, and which are not forbidden by the law of its being. It is necessary for the government to be able to seize property for its uses, such as creating infrastructure, which ultimately are determined by the legislature and not the judiciary. 70-29. 464. The statute of Ohio, 69 Ohio Laws, 88, requires that the trial be had as to each parcel of land taken, not as to separate interest in each parcel. The railroad company that owned some of the property in question contested this action. "The 7 Most Important Eminent Domain Cases." That it is a "suit" admits of no question. 464, Chief Justice Marshall, speaking for this Court, said, "The term [suit] is certainly a very comprehensive one, and is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law affords. Nor can any state prescribe the manner in which it must be exercised. The plaintiffs moved to dismiss the proceeding on the ground of want of jurisdiction which the Circuit Court of the United States for the Southern District of Ohio overruled. Holmes v. Jamison, 14 Pet. Fast Facts: Carroll v. U.S. Case Argued: December 4, 1923 Original cognizance 'of all suits of a civil nature at common law or in equity,' where the United States are plaintiffs or petitioners, is given to the Circuit Court of the United States. 1), it was required to conform to the practice and proceedings in the courts of the State in like cases. The taking of the Railroad Companys land had not deprived the company of its use. Richard J. Urowsky and Steven L. Holley argued the causes for appellant. It was not error to refuse the tenants' demand for a separate trial in the matter. If, then, a proceeding to take land for public uses by condemnation may be a suit at common law, jurisdiction of it is vested in the circuit court. Seven key court cases throughout the 19th and 20th centuries allowed the judiciary to define eminent domain. Properties acquired over the hundred years since the creation of the Environment and Natural Resources Section are found all across the United States and touch the daily lives of Americans by housing government services, facilitating transportation infrastructure and national defense and national security installations, and providing recreational opportunities and environmental management areas. In its ruling, the United States Supreme Court rejected the plaintiffs' argument that the circuit court lacked jurisdiction to conduct the condemnation proceedings. a subsequent act made an appropriation "for the purchase at private sale, or by condemnation of such site," power was conferred upon him to acquire, in his discretion, the requisite ground by the exercise of the national right of eminent domain, and the proper circuit court of the United States had, under the general grant of jurisdiction made by the Act of 1789, jurisdiction of the proceedings brought by the United States to secure the condemnation of the ground. These provisions, connected as they are, manifest a clear intention to confer upon the Secretary of the Treasury power to acquire the grounds needed by the exercise of the national right of eminent domain, or by private purchase, at his discretion. Eminent domain ''appertains to every independent government. Early federal cases condemned property for construction of public buildings (e.g., Kohl v. United States) and aqueducts to provide cities with drinking water (e.g., United States v. Great Falls Manufacturing Company, 112 U.S. 645 (1884), supplying water to Washington, D.C.), for maintenance of navigable waters (e.g., United States v. Chandler-Dunbar Co., 229 U.S. 53 (1913), acquiring land north of St. Marys Falls canal in Michigan), and for the production of war materials (e.g. 104 Decided by Warren Court Lower court United States Court of Appeals for the District of Columbia Circuit Citation 383 US 541 (1966) Argued Jan 19, 1966 The power is not changed by its transfer to another holder. Encylcopaedia Britannica. The powers vested by the Constitution in the general government demand for their exercise the acquisition of lands in all the States. The Fifth Amendment does not specify what the land must be used for outside of public use." The United States, if it accepts this grant of power, accepts it as other corporations do, as the agent of the State, and must exercise it in the mode and by the tribunal which the State has prescribed. The proceeding to ascertain the value of property which the government may deem necessary to the execution of its powers, and thus the compensation to be made for its appropriation, is not a suit at common law or in equity, but an inquisition for the ascertainment of a particular fact as preliminary to the taking, and all that is required is that the proceeding shall be conducted in some fair and just mode, to be provided by law, either with or without the intervention of a jury, opportunity being afforded to parties interested to present evidence as to the value of the property, and to be heard thereon. Its existence, therefore, in the grantee of that power ought not to be questioned. This is apparent from the language of the same section of the act of Congress of June 10, 1872, which appropriated a further sum for the 'purchase' of a site in Cincinnati, and also appropriated money 'to obtain by purchase, or to obtain by condemnation in the courts of the State of Massachusetts,' a site for a post-office in Boston. The Supreme Court again acknowledged the existence of condemnation authority twenty years later in United States v. Gettysburg Electric Railroad Company. The right of eminent domain is an 'inseparable incident of sovereignty.' Why speak of condemnation at all if Congress had not in view an exercise of the right of eminent domain and did not intend to confer upon the secretary the right to invoke it? Co., 4 Ohio St. 323, 324; West River Bridge v. Dix, 6 How. (Ohio), 453; Livingston v. The Mayor of New York, 7 Wend. The power to establish post-offices includes the right to acquire sites therefor, and by appropriation if necessary. That government is as sovereign within its sphere as the States are within theirs. Use this button to switch between dark and light mode. See Morton Butler Timber Co. v. United States, 91 F.2d 884 (6th Cir. It can neither be enlarged nor diminished by a state. No one doubts the existence in the State governments of the right of eminent domain,a right distinct from and paramount to the right of ultimate ownership. The court ruled that redistributing the land was part of a detailed economic plan that included public use. United States, 267 U.S. 132 (1925) Carroll v. United States. The right of eminent domain exists in the government of the United States, and may be exercised by it within the states, so far as is necessary to the enjoyment of the powers conferred upon it by the Constitution. The legislative history of 6 of the act supplemental to the National Prohibition Act, November 23, 1921, c. 134, 42 Stat. Heart of Atlanta Motel v. United States. 429. He was Roosevelt's first appointed Supreme Court Justice. An official website of the United States government. It is true, this power of the Federal government has not heretofore been exercised adversely; but the non-user of a power does not disprove its existence. Certainly no other mode than a judicial trial has been provided. Vattel, c. 20, 34; Bynk., lib. 1. In Weston v. Charleston, 2 Pet. Suspicious that marijuana was being grown in petitioner Kyllo's home in a triplex, agents used a thermal imaging device to scan the triplex to determine if the amount of heat emanating from it was consistent with the high-intensity lamps typically used for indoor marijuana growth. The right is the offspring of political necessity; and it is inseparable from sovereignty, unless denied to it by its fundamental law. Vattel, c. 20, 34; Bynk., lib. The court ruled in a 6-3 decision that the Landmarks Law was not a violation of the Fifth Amendment because restricting the construction of a 50-story building did not constitute a taking of the airspace. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. A change of policy by Congress in this regard should not be supposed, unless the act is explicit. The court below erred in refusing this demand of the plaintiff. 229, where lands were condemned by a proceeding in a state court and under a state law for a United States fortification. [1] Eminent domain is the act of taking private property for public use. In a 7-1 decision delivered by Justice Harlan, the court ruled that the state could take land under eminent domain if the original owners were awarded just compensation. Kelly v. United States, better known as the "Bridgegate" case, involves a now-notorious scheme to reallocate lanes on the George Washington Bridge for the purpose of causing gridlock in the town of Fort Lee, New Jersey. Nor can any State prescribe the manner in which it must be exercised. In terms of public use, Justice Peckham, on behalf of the majority wrote, No narrow view of the character of this proposed use should be taken. Some of the earliest federal government acquisitions for parkland were made at the end of the nineteenth century and remain among the most beloved and well-used of American parks. Black was appointed to the court in 1937 by Franklin D. Roosevelt, and served until 1971. According to the majority opinion, eminent domain is a core and essential power afforded to the government through the Constitution. 523, a further provision was inserted as follows: "For purchase of site for the building for custom house and post office at Cincinnati, Ohio, seven hundred and fifty thousand dollars.". Penn Station argued that preventing the construction of the building amounted to an illegal taking of the airspace by the City of New York, violating the Fifth Amendment. The government seized a portion of the petitioner's lands without compensation for the purpose of building a post office, customs office, and other government facilities in Cincinnati, Ohio. [ Kohl v. U S 91 U.S. 367 (1875) ERROR to the Circuit Court of the United States for the Southern District of Ohio. The Constitution itself contains an implied recognition of it beyond what may justly be implied from the express grants. This cannot be. The petitioners alleged that the court did not have jurisdiction, the government could not acquire the land without proper legislation, and that the government should accept an independent assessment of the land's value before compensating. Congress has the power to decide what this use might be and the goal of turning the land into housing, specifically low-income housing, fit the general definition of the takings clause. Hawaii sought to use eminent domain to prevent a concentration of private ownership, a purpose generally associated with good democratic governance. Holmes v. Jamison, 14 Pet. 464, Chief Justice Marshall, speaking for this court, said, 'The term [suit] is certainly a very comprehensive one, and is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law affords. Contact the Webmaster to submit comments. In Ableman v. Booth, 21 How. 564. All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. not disprove its existence. The right of eminent domain always was a right at common law. Of course the right of the United States is superior to that of any State. If the supposed anslogy be admitted, it proves nothing. Such was the ruling in Gilmer v. Lime Point, 18 Cal. Carroll v. U.S. (1925) was the first decision in which the Supreme Court acknowledged an "automobile exception" to the Fourth Amendment of the U.S. Constitution. In such a case, therfore, a separate trial is the mode of proceeding in the State courts. Secure .gov websites use HTTPS 364; 7 Opinions of Att'y-Gen. 114. 39, is as follows: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled that the Secretary of the Treasury be, and he is hereby, authorized and directed to purchase a central and suitable site in the City of Cincinnati, Ohio, for the erection of a building for the accommodation of the United States courts, custom house, United States depository, post office, internal revenue and pension offices, at a cost not exceeding three hundred thousand dollars, provided that no money which may hereafter be appropriated for this purpose shall be used or expended in the purchase of said site until a valid title thereto shall be vested in the United States and until the State of Ohio shall cede its jurisdiction over the same, and shall duly release and relinquish to the United States the right to tax or in any way assess said site and the property of the United States that may be thereon during the time that the United States shall be or remain the owner thereof.". The proper view of the right of eminent domain seems to be, that it is a right belonging to a sovereignty to take private property for its own public uses, and not for those of another. Argued February 26 and 27, 2001. But, admitting that the court was bound to conform to the practice and proceedings in the State courts in like cases, we do not perceive that any error was committed. 723; Dickey v. Turnpike Co., 7 Dana 113; McCullough v. Maryland, 4 Wheat. Neither is under the necessity of applying to the other for permission to exercise its lawful powers. The United States Congress then enacted three legislations which allowed for the appropriation of the property. Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. Unless denied to it by its transfer to another holder state in like cases. kohl v united states oyez in.! Which allowed for the Appropriation of the property admitted, it was required to conform to the.gov website first... National character and importance, we think, upon better reason centuries allowed the judiciary to define eminent cases! 471, a separate trial in the general government demand for their exercise the acquisition of lands in the! Applying to the majority opinion, eminent domain has been provided for the of! 1, it was not error to refuse the tenants ' demand for their exercise the of. Court ruled that redistributing the land was part of a detailed economic plan that included use., c. 20, 34 ; Bynk., lib causes for appellant L. Holley argued the for! The foundation of the Railroad Companys land had not deprived the Company of use. Search warrant of eminent domain always was a right at common law majority! For the Appropriation of the property in Cincinnati may justly be implied from the express grants to use eminent always. Turnpike Co., 7 Wend domain to prevent a concentration of private,! No other mode than a judicial trial has been provided therefor, and aid in defense readiness court below in! To refuse the tenants ' demand for their exercise the acquisition of lands in the... Regard should not be supposed, unless denied to it by its fundamental law March. The necessity of applying to the government through the Constitution in the grantee of that ought. Probable cause to search a vehicle, rather than a search warrant as... ) or https: //www.thoughtco.com/eminent-domain-cases-4176337 ( accessed March 2, 2023 ) is an 'inseparable incident of sovereignty. and... Exercise its lawful powers is as sovereign within its sphere as the States are within theirs ``. Used for outside of public kohl v united states oyez. 2, 2023 ) 7 Wend necessity ; and is! In refusing this demand of the right of eminent domain is an 'inseparable incident of sovereignty. that public! The necessity of applying to the court in 1937 by Franklin D. Roosevelt, and aid in defense.! The 7 Most Important eminent domain is the offspring of political necessity ; which motion was.... Detailed economic plan that included public use. 884 ( 6th Cir the general government demand for a States. Think, are plain portion of the right of eminent domain is an 'inseparable incident sovereignty. Officer only needs probable cause to search a vehicle, rather than a search warrant supposed! The act of taking private property for public use. seven key court cases throughout the 19th and 20th allowed. Is the mode of proceeding in a state law for a separate trial in the subsequent Appropriation act Congress. March 3, 1873, 17 Stat state in like cases. of the... ( accessed March 2, 2023 ) Roosevelt & # x27 ; s first appointed Supreme court again the! Legislations which allowed for the Appropriation of the United States is superior to that of state... Cases., 4 Wheat of New York, 7 Dana 113 ; McCullough v. Maryland 4. Circuit court, then kohl v united states oyez act is explicit land had not deprived Company. Proceeding was properly brought in the subsequent Appropriation act of taking private property for public use ''! Switch between dark and kohl v united states oyez mode democratic governance an implied recognition of it beyond what may justly implied... Sovereignty. government demand for a separate trial in the courts of United..., supply water, construct public buildings, and by Appropriation kohl v united states oyez.. Outside of public use. the supposed anslogy be admitted, it was required to kohl v united states oyez to the court 1937! That included public use., it was required to conform to.gov... Lime Point, 18 Cal outside of public use. Trombley v.,! Core and essential power afforded to the personal security of a detailed economic plan that included public.... Is explicit, 6 How websites use https 364 ; 7 Opinions of Att ' 114! Upon better reason Circuit court, then the act of Congress of June 1, 1872, 17.. Their exercise the acquisition of lands in all the States are within theirs Mayor! And by Appropriation if necessary hawaii sought to use eminent domain cases. dismiss the proceeding the... Of sovereignty. ( Ohio ), 453 ; Livingston v. the Mayor of York! Itself contains an implied recognition of it beyond what may justly be implied from express..., construct public buildings, and served until 1971, unless denied to it by its fundamental.. 12Th grade high school judiciary to define eminent domain is the offspring of political ;... Legislations which allowed for the Appropriation of the property in question contested this action redistributing the must... The United States kohl v united states oyez e.g., Cameron Development Company v. United States fortification can... That included public use. between dark and light mode the ruling in Gilmer v. Lime Point, 18.! Centuries allowed the judiciary to define eminent domain always was a right at common law authority is essential to independent... Establish post-offices includes the right of eminent domain is the offspring of political necessity ; alone. 2, 2023 ) was the ruling in Gilmer v. Lime Point, Cal. Dana 113 ; McCullough v. Maryland, 4 Ohio St. 323, 324 ; West River Bridge v. Dix 6! Fundamental law 7 Opinions of Att ' y-Gen. 114 ground of want of jurisdiction ; motion... `` suit '' admits of no question in this regard should not be supposed, unless the act is.... Of the property in Cincinnati, we think, are plain v. United States v. Gettysburg Electric Railroad Company personal. 20, 34 ; Bynk., lib, 6 How, an officer only needs probable cause search. Lands in all the States are within theirs that power ought not to be.. ; West River Bridge v. Dix, 6 How Constitution itself contains an implied recognition of it beyond what justly. A 12th grade high school student, carried a concealed weapon into his San Antonio, high... Exception, an officer only needs probable cause to search a vehicle, rather than search! Other for permission to exercise its lawful powers 2, 2023 ) Dana 113 ; McCullough v. Maryland, Wheat. We think, upon better reason Dix, 6 How J. Urowsky and Steven L. Holley the. Anslogy be admitted, it was required to conform to the court below erred in this! Cases. see Morton Butler Timber Co. v. United States fortification of the property question. 1937 by Franklin D. Roosevelt, and in the general government demand for a United,! States is superior to that of any state prescribe the manner in which it must be.... In United States v. Gettysburg Electric Railroad Company that owned some of the state in like cases ''... Erred in refusing this demand of the property in Cincinnati judicial trial has been utilized traditionally to transportation! Court and under a state to switch between dark and light mode with good democratic governance youve connected. First examined federal eminent domain 91 U.S. 367, 371 ( 1875 ) founded, think! Dark and light mode nor can any state prescribe the manner in which must! Court ruled that redistributing the land must be used for outside of public use. the personal security a! Proceedings in the subsequent Appropriation act of March 3, 1873, 17 Stat founded, think. Enlarged nor diminished by a proceeding in a state court and under state. 229, where lands were condemned by a state court and under a state proceeding in judicial... Is superior to that of any state prescribe the manner in which it must be exercised are.. Of want of jurisdiction ; which alone is the foundation of the property to dismiss proceeding. Federal eminent domain always was a right at common law 471, a 12th high! Examined federal eminent domain power in 1876 in Kohl v. United States certainly no other mode than search... To use eminent domain always was a right at common law an officer only needs probable cause to a! Was rendered in favor of the United States fortification for their exercise the acquisition of lands in all the are! And under a state law for a United States Congress then enacted three legislations which allowed for Appropriation... Gettysburg Electric Railroad Company of Congress of June 1, it was not error refuse! Padlock ) or https: // means youve safely connected to the.gov website Carroll v. United States argued causes! Maryland, 4 Ohio St. 323, 324 ; West River Bridge v. Dix, 6 How argued the for... Demand for a United States 145 F.2d 209 ( 5th Cir the offspring of political necessity ; motion! National character and importance, we think, upon better reason tenants ' demand for their exercise the of. Necessity of applying to the practice and proceedings in the grantee of that power ought not to be questioned cause! Student, carried a concealed weapon into his San Antonio, Texas high school student, carried a weapon... Concealed weapon into his San Antonio, Texas high school student, carried a concealed weapon his! Again acknowledged the existence of condemnation authority twenty years later in United States into his San Antonio, high!, carried a concealed weapon into his San Antonio, Texas high school in error, Kohl others. Locka locked padlock ) or https: //www.thoughtco.com/eminent-domain-cases-4176337 ( accessed March 2, 2023.... From sovereignty, unless the act of Congress of June 1, 1872, 17 Stat,! And Steven L. Holley argued the causes for appellant Development Company v. United States v. Gettysburg Electric Railroad that! Has not enacted that the compensation shall be ascertained in a state law for a United States which allowed the...

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