Jacobs v. United States, 290 U.S. 13 (1933)

Jacobs v. United States

No. 15

Argued October 13, 1933
Decided November 6, 1933
290 U.S. 13

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. The obligation of the United States to pay just compensation for private property taken under its power of eminent domain rest upon the Fifth Amendment, independent of statute or express promise. P. 16.

2. A promise to pay is implied because the duty is imposed by the Amendment. Id.

3. In a suit under the Tucker Act to recover just compensation for property taken by the Government, there may be claimed and allowed, in the form of interest, such addition to the value of the property at the time of the taking as will produce the full equivalent of that value paid contemporaneously with the taking. P. 16.

4. This is not a claim for interest within the meaning of Jud.Code § 177. P. 17.

5. United States v. North American Co., 253 U.S. 330, distinguished. P. 18.

63 F.2d 326, reversed.

Certiorari, 289 U.S. 719, to review a judgment of the Circuit Court of Appeals reversing the District Court as respects allowance of interest in a suit for just compensation brought under the Tucker Act.