Phelps v. United States, 274 U.S. 341 (1927)
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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.
Phelps v. United States, 274 U.S. 341 (1927)
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Phelps v. United States No. 531 Argued March 3, 1927 Decided May 16, 1927 274 U.S. 341
CERTIORARI TO THE COURT OF CLAIMS
Syllabus
1. A claim for just compensation for the use of property taken by the government is "founded upon the Constitution," within the meaning of Jud.Code, § 145. P. 343.
2. A claim for just compensation for property taken for public use by officers or agents of the United States pursuant to an Act of Congress is a claim founded upon an implied contract. Jud.Code, § 145. P. 343.
3. Where the use of private property is taken by eminent domain and paid for later, the owner is entitled to the value at the time of taking and such additional amount that the whole ay be equivalent to the value of such use at the time of the taking paid contemporaneously with the taking. P. 344.
4. Such additional allowance may be measured by a reasonable rate of interest, but is not properly interest, and is not within the prohibition of interest before judgment found in Jud.Code, § 177. P. 344.
61 Ct.Cls. 1044 reversed.
Certiorari (273 U.S. 678) to a judgment of the Court of Claims allowing a recovery of less than the amount claimed as the balance due for the value of the use of a wharf, on which petitioners had a lease, and which was taken over for military purpose during the late war.
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Chicago: U.S. Supreme Court, "Syllabus," Phelps v. United States, 274 U.S. 341 (1927) in 274 U.S. 341 274 U.S. 342. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=YDLI9LX4L9KNIXX.
MLA: U.S. Supreme Court. "Syllabus." Phelps v. United States, 274 U.S. 341 (1927), in 274 U.S. 341, page 274 U.S. 342. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YDLI9LX4L9KNIXX.
Harvard: U.S. Supreme Court, 'Syllabus' in Phelps v. United States, 274 U.S. 341 (1927). cited in 1927, 274 U.S. 341, pp.274 U.S. 342. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=YDLI9LX4L9KNIXX.
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