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United States Vs. Central Eureka Mining Co.

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  • US Supreme Court
  • Jun 16, 1958

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  1. United States Vs. Causby US Supreme Court · May 27, 1946
  2. Bowles Vs. Willingham US Supreme Court · Mar 27, 1944
  3. Pennsylvania Coal Co. Vs. Mahon US Supreme Court · Dec 11, 1922
  4. United States Vs. Cumming US Supreme Court · Apr 22, 1889
  5. United States v. Central
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  6. Eureka Mining Co. - 357 U.S. 155 (1958) U.S. Supreme Court United States v. Central
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  7. Eureka Mining Co., 357 U.S. 155 (1958) United States v. Central
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  8. The court sustained the demurrer, holding that the damages were not compensable. Oro Fina Consolidated Mines, Inc. v. United
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  9. States, 118 Ct.Cl. 18, 92 F.Supp. 1016. Accord, Alaska-Pacific Consolidated Mining Co. v. United
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  10. U. S. 166 take physical possession of the gold mines or of the equipment connected with them. Cf. United States v. Pewee
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  11. taking as being a question properly turning upon the particular circumstances of each case. See Pennsylvania Coal Co. v. Mahon
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  12. action in the form of regulation can so diminish the value of property as to constitute a taking. E.g., United States v. Kansas
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  13. profitable use of his property is not necessarily enough to establish the owner's right to compensation. See Mugler v. Kansas
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  14. regulation which, without saying so, requires compensation to be paid for resulting losses of income. E.g., Hamilton v. Kentucky
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  15. Jacob Ruppert, Inc. v. Caffey
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  16. United States v. Caltex
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  17. Homestake Mining Co. v. United
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  18. States, 122 Ct.Cl. 690, and Central Eureka Mining Co. v. United
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  19. governmental action is an injunction, rather than an action for just compensation. Youngstown Sheet & Tube Co. v. Sawyer
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  20. rescinded, dismissed the petition for failure to state a claim under the Fifth Amendment. Oro Fina Consol. Mines, Inc. v. United
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  21. basis for their contentions of arbitrary and unauthorized action. The Court of Claims, in Idaho Maryland Mines Corp. v. United
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  22. do no more than waive limited defenses. See, e.g., Act of Sept. 25, 1950, 64 Stat. 1032, involved in California v. United
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  23. Act of June 15, 1946, 60 Stat. 1227, involved in Zephyr Aircraft Corp. v. United
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  24. United States v. Mille
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  25. existed before, see, e.g., Act of June 14, Page 357 U. S. 177 1935, 49 Stat. 2078, involved in Stubbs v. United
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  26. Act of June 25, 1938, 52 Stat. 1399, involved in Creech v. United
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  27. existing legal principles, see, e.g., Act of May 11, 1948, 62 Stat. 1350, involved in Hempstead Warehouse Corp. v. United
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  28. than that limited waiver. See, e.g., Act of Aug. 24, 1949, 63 Stat. 1169, involved in Breinig Bros., Inc. v. United
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  29. Act of Oct. 18, 1951, 65 Stat. A124, involved in Watson v. United
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  30. part of the United States Government. See, e.g., Act of July 16, 1952, 66 Stat. A206, A207, involved in Griffith v. United
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  31. and Act of Aug. 25, 1950, 64 Stat. A191, involved in Booth v. United
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  32. of liability, as Page 357 U. S. 178 it did in the Act of March 1, 1929, 45 Stat. 2345, involved in Garrett v. United
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  33. defenses than the statute of limitations. See, e.g., the Act of May 28, 1928, 45 Stat. 2001, involved in Alcock v. United
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  34. clear what issues remain to be litigated. See, e.g., Act of July 2, 1956, 70 Stat. A103, involved in Kramer v. United
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  35. Act of July 16, 1952, 66 Stat. A206, involved in Griffith v. United
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  36. Act of March 19, 1951, 65 Stat. 5, involved in Board of County Comm'rs v. United
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  37. had necessitated hasty and experimental governmental action resulting in disproportionate hardships, see Nolan Bros. v. United
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  38. Mansfield v. United
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  39. has also been attached to the fact that Congress regarded the governmental action to have been wrongful. See Hawkins v. United
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  40. has not made its intention quite clear, the court has approached its task with caution, see Hempstead Warehouse Corp. v. United
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  41. that special jurisdictional statutes Page 357 U. S. 179 should be strictly construed. See, e.g., California v. United
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  42. United States v. Cumming
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  43. That decision also governed the companion cases of Homestake Mining Co. v. United
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  44. the Government took the ceremonial step of planting the American flag on the mining premises, cf. United States v. Pewee
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  45. debatable that respondents Page 357 U. S. 182 would have been entitled to compensation. See United States v. Pewee
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  46. See United States v. Kansas
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  47. Richards v. Washington
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  48. by American armed forces to meet the exigencies of the military situation in a theatre of war, see United States v. Caltex
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  49. from its owners during wartime in the interest of the common good. Cases such as Yakus v. United
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  50. U.S. Supreme Court United States v. Central
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