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Portsmouth Harbor Land & Hotel Co. v. United States, 260 U.S. 327 (1922)
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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.
Portsmouth Harbor Land & Hotel Co. v. United States, 260 U.S. 327 (1922)
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Portsmouth Harbor Land & Hotel Co. v. United States No. 97 Argued November 15, 1922 Decided December 4, 1922 260 U.S. 327
APPEAL FROM THE COURT OF CLAIMS
Syllabus
1. The petition alleged that the United States, after having several times in the past discharged its battery over petitioner’s land, reinstalled its guns with the intention of so firing them and without intention or ability to fire them otherwise, established a fire control and service upon that land, and again discharged all of the guns over and across it. A taking by the United States was alleged as a conclusion of fact from these specific acts, and damages were claimed. Held that the taking of a servitude, and an implied contract to pay might be inferred, and that a demurrer to the petition should not have been sustained. P. 328.
2. Where acts amount to a taking of property by the United States without assertion of an adverse right, a contract to pay may be implied whether it was thought of or not. P. 330.
56 Ct.Clms. 494 reversed.
Appeal from a judgment of the Court of Claims dismissing a petition on demurrer.
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Chicago: U.S. Supreme Court, "Syllabus," Portsmouth Harbor Land & Hotel Co. v. United States, 260 U.S. 327 (1922) in 260 U.S. 327 260 U.S. 328. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=X1P2QTCG6LIIL4X.
MLA: U.S. Supreme Court. "Syllabus." Portsmouth Harbor Land & Hotel Co. v. United States, 260 U.S. 327 (1922), in 260 U.S. 327, page 260 U.S. 328. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=X1P2QTCG6LIIL4X.
Harvard: U.S. Supreme Court, 'Syllabus' in Portsmouth Harbor Land & Hotel Co. v. United States, 260 U.S. 327 (1922). cited in 1922, 260 U.S. 327, pp.260 U.S. 328. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=X1P2QTCG6LIIL4X.
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