United States v. Alcea Band of Tillamooks, 341 U.S. 48 (1951)

United States v. Alcea Band of Tillamooks


No. 281


Argued March 2, 1951
Decided April 9, 1951
341 U.S. 48

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

In determining the amount of compensation to which respondents were entitled after the decision of this Court in United States v. Alcea Band of Tillamooks, 329 U.S. 40, the Court of Claims entered judgment for the value of the lands as of 1855 plus interest from that date.

Held: The award of interest was erroneous, since recovery was not grounded on a taking under the Fifth Amendment and the relevant statute contains no provision expressly authorizing an award of interest. Pp. 4849.

115 Ct.Cl. 463, 87 F.Supp. 938, reversed.