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Brown v. United States, 263 U.S. 78 (1923)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Brown v. United States, 263 U.S. 78 (1923)
Brown v. United States Nos. 97 and 98 Argued October 19, 1923 Decided November 12, 1923 263 U.S. 78
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF IDAHO
Syllabus
1. Where establishment of a reservoir under the Reclamation Act involved flooding part of a town, the United States had constitutional power to take by condemnation other private land near by, in the only practicable and available place, as a new townsite to which the buildings affected could be moved at the expense of the United States and new lots be provided in full or part satisfaction for those flooded. P. 81.
2. The fact that, as an incident of such a readjustment, there may be some surplus lots of the new townsite which the government must sell does not characterize the condemnation as a taking of one man’s property for sale to another. P. 82.
3. When the award in condemnation is for the value of the property as of the date of the summons without regard to the damage arising from the owner’s inability to sell or lease during the proceedings, and, under the applicable state law, the government may obtain possession promptly after bringing suit, interest from date of summons to judgment may be allowed on the award, even though the owner remained in possession, cultivating and gathering crops meanwhile. P. 84. ,
4. While, semble, the Act of 1888, in directing federal courts to conform their practice and procedure in condemnation "as near as may be" to that of the state where the property is does not bind them to follow state statutes allowing interest on the award, interest in this case at 7% was properly included in fixing just compensation. P. 86.
279 F. 168 affirmed.
Writs of error by both sides to review a judgment of the district court in a condemnation case.
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Chicago: U.S. Supreme Court, "Syllabus," Brown v. United States, 263 U.S. 78 (1923) in 263 U.S. 78 263 U.S. 79. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=89BWS59H2X4MHBZ.
MLA: U.S. Supreme Court. "Syllabus." Brown v. United States, 263 U.S. 78 (1923), in 263 U.S. 78, page 263 U.S. 79. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=89BWS59H2X4MHBZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Brown v. United States, 263 U.S. 78 (1923). cited in 1923, 263 U.S. 78, pp.263 U.S. 79. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=89BWS59H2X4MHBZ.
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