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General Box Co. v. United States, 351 U.S. 159 (1956)
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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.
General Box Co. v. United States, 351 U.S. 159 (1956)
General Box Co. v. United States No. 383 Argued March 28, 1956 Decided May 7, 1956 351 U.S. 159
CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
Syllabus
Petitioner owned timber on "batture," land located between low- and high-water mark on the Mississippi River in Louisiana, which was subject to a servitude of the State for levee purposes. The rights of the State had been donated to the United States. Without notice to petitioner, the timber was destroyed by a government contractor in levee-building operations, and petitioner sued in the federal court under the Tucker Act to recover its value.
Held:
1. This Court accepts the determination of the Court of Appeals that, under Louisiana law, prior notice to petitioner was not a prerequisite to an appropriation of its timber for levee purposes. Pp. 164-166.
2. Petitioner’s property was effectively appropriated by state authorities pursuant to the servitude, and therefore the United States is not liable to petitioner for its value. Pp. 166-167.
3. The State having donated to the United States its rights as against petitioner’s timber, the United States could exercise those rights to the fullest extent without incurring liability, just as the State could have done. P. 167.
4. The destruction of petitioner’s timber was not a taking by the United States in the exercise of the power of eminent domain for which the Fifth Amendment required compensation. P. 167.
224 F.2d 7 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," General Box Co. v. United States, 351 U.S. 159 (1956) in 351 U.S. 159 351 U.S. 160. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=R234YM7DNZ8HKJK.
MLA: U.S. Supreme Court. "Syllabus." General Box Co. v. United States, 351 U.S. 159 (1956), in 351 U.S. 159, page 351 U.S. 160. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=R234YM7DNZ8HKJK.
Harvard: U.S. Supreme Court, 'Syllabus' in General Box Co. v. United States, 351 U.S. 159 (1956). cited in 1956, 351 U.S. 159, pp.351 U.S. 160. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=R234YM7DNZ8HKJK.
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