United States v. Fuller, 409 U.S. 488 (1973)

United States v. Fuller


No. 71-559


Argued October 18, 1972
Decided January 16, 1973
409 U.S. 488

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

In a condemnation proceeding brought by the United States, respondents made a claim, which the District Court and Court of Appeals upheld, to compensation for enhanced value on the open market because of use of the condemned fee lands in conjunction with adjoining federal lands for which respondents held permits under the Taylor Grazing Act.

Held: The Fifth Amendment requires no compensation for any value added to the fee lands by the permits, which are revocable and, by the Act’s terms, create no property rights. Pp. 490-494.

442 F.2d 504, reversed.

REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, and BLACKMUN, JJ., joined. POWELL, J., filed a dissenting opinion, in which DOUGLAS, BRENNAN, and MARSHALL, JJ., joined, post, p. 494.