Sunday, December 8, 2013

United States v. Causby case brief

United States v. Causby case brief summary
328 U.S. 256 (1946)

CASE SYNOPSIS
Certiorari was granted to the Court of Claims, which rendered a judgment in respondents' favor for the value of property destroyed and damage to their property resulting from the taking of an easement over their property by low-flying United States military aircraft. It failed to include in its findings of fact a specific description of the nature or duration of the easement.

CASE FACTS
The lower court granted respondent landowners a judgment for the value of property destroyed, and damage to their property, resulting from the taking of an easement over their property by low-flying United States military aircraft.

DISCUSSION
  • The court agreed with the finding that there had been a taking of respondents' property within the meaning of U.S. Constitutional Amendment V. 
  • The court held that a physical invasion of the property was not necessary where there was an intrusion so immediate and direct as to subtract from respondents' full enjoyment and use of the property. 
  • Further, the damages were not merely consequential; they were the product of a direct invasion of respondents' domain. 
  • The United States Supreme Court reversed and remanded the action, however, on the basis that the record was not clear whether the easement taken was temporary or permanent. 
  • The court remanded the cause for a determination of the necessary findings regarding the nature of the easement.

CONCLUSION
The United States Supreme Court reversed and remanded the action involving respondents' claim of a taking of their property as a result of low-flying United States military aircraft, on the ground that the record was not clear whether the easement taken was permanent or temporary. The Court affirmed the finding that an easement in respondents' property had been taken within the meaning of the Fifth Amendment.

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