United States v. Bodcaw Co., 440 U.S. 202 (1979)

United States v. Bodcaw Co.

No. 78-551

Decided February 26, 1979
440 U.S. 202

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Respondent property owner’s expenses in securing appraisals of the land involved in the United States’ easement condemnation action held not to constitute part of the "just compensation" required by the Fifth Amendment for the taking of private property for public use. Since this litigation no more than reflects the rather typical situation where the landowner is dissatisfied with the Government’s valuation, the case does not qualify as an exception to the general rule that indirect costs to the property owner caused by the taking of his land are generally not part of the just compensation to which he is constitutionally entitled.

Certiorari granted 574 F.2d 238, reversed and remanded.