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Keywords

plaintiffdamagesleaseeasement
plaintiffdamagesleaseeasement

Related Cases

Causby v. U.S., 109 Ct.Cl. 768, 75 F.Supp. 262

Facts

The plaintiffs operated a chicken farm adjacent to a municipal airport leased by the United States. They claimed that the frequent and low-altitude flights of Army and Navy planes over their property rendered it unfit for use as a chicken farm. The court found that the United States had taken an easement for the flight of its airplanes over the plaintiffs' property from June 1, 1942, to November 1, 1946, causing damage to their property and a decrease in its rental value.

The plaintiffs operated a chicken farm adjacent to a municipal airport leased by the United States. They claimed that the frequent and low-altitude flights of Army and Navy planes over their property rendered it unfit for use as a chicken farm.

Issue

Did the United States take an easement over the plaintiffs' property, and if so, what compensation is owed to the plaintiffs for the taking?

Did the United States take an easement over the plaintiffs' property, and if so, what compensation is owed to the plaintiffs for the taking?

Rule

The court held that the United States had taken an easement of flight over the plaintiffs' property, which constituted a taking under the Fifth Amendment, requiring just compensation.

The court held that the United States had taken an easement of flight over the plaintiffs' property, which constituted a taking under the Fifth Amendment, requiring just compensation.

Analysis

The court applied the rule by examining the evidence presented regarding the frequency and altitude of the flights over the plaintiffs' property. It determined that the easement taken was temporary and that the flights caused a decrease in the rental value of the property and destruction of personal property (chickens). The court concluded that the plaintiffs were entitled to compensation for the damages incurred as a result of the taking.

The court applied the rule by examining the evidence presented regarding the frequency and altitude of the flights over the plaintiffs' property.

Conclusion

The court awarded judgment in favor of the plaintiffs, ordering the United States to pay $1,435.00, plus compensation for delay in payment at 4 percent per annum from June 1, 1942, until the day of payment.

The court awarded judgment in favor of the plaintiffs, ordering the United States to pay $1,435.00, plus compensation for delay in payment at 4 percent per annum from June 1, 1942, until the day of payment.

Who won?

The plaintiffs prevailed in the case because the court found that the United States had taken an easement over their property, resulting in damages that warranted compensation.

The plaintiffs prevailed in the case because the court found that the United States had taken an easement over their property, resulting in damages that warranted compensation.

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