Condemnable - Judgment Search Results

Monterey Vs. Del Monte Dunes at Monterey, Ltd.

Court: US Supreme Court

..... 364 u s 40 49 1960 grant supra at 192 193 the difference between condemnation and inverse condemnation inheres precisely in the character of 736 736 monterey v del monte dunes at ..... property it proscribes taking without just compensation even when the government takes property without initiating condemnation proceedings there is no constitutional violation unless or until the state fails to pro 715 .....

United States Vs. Clarke

Court: US Supreme Court

..... reverse the judgment there are important legal and practical differences between an inverse condemnation suit and a condemnation proceeding although a landowner s action to recover just compensation for a taking ..... a compensable taking under the fifth amendment this court consistently made separate reference to condemnation proceedings and to the landowner s cause of action to recover damages for the .....

United States Vs. 50 Acres of Land

Court: US Supreme Court

..... fair market value constitutes just compensation for those private citizens who must replace their condemned property with more expensive substitutes and with our prior holdings that the fifth ..... replacement facility or substitute garbage disposal services footnote 19 this obligation to replace a condemned facility however is no more compelling than the obligations assumed by private citizens even .....

Miller Vs. United States

Court: US Supreme Court

..... information as effectively as they can be established on hearing and warrants a decree of condemnation if the information contains the necessary averments the second assignment of error cannot therefore be ..... of the president this seizure is preliminary to the commencement of proceedings for the condemnation of the property after the same shall have been seized says the statute such proceedings .....

Bauman Vs. Ross

Court: US Supreme Court

..... without restricting the use or improvement of lands before the commencement of proceedings for their condemnation for such highways or limiting the damages to be awarded in such proceedings does not ..... question and does not include the actual laying out and construction of the new highways condemnation and nothing more is likewise mentioned in the corresponding provisions of section 9 the provisions .....

United States Vs. Westinghouse Elec. and Mfg. Co.

Court: US Supreme Court

..... adjustment and thus we cannot know whether the reason for the general motors doctrine operates condemnation for indefinite periods of occupancy was a practical response to the uncertainties of the ..... the broadest of its kind ever enacted by congress authorizes various officers to acquire by condemnation any real property temporary use thereof or other interests therein together with any personal .....

National Railroad Passenger Corporation Vs. Boston and Maine Corp.

Court: US Supreme Court

..... national railroad passenger corporation v boston maine corp syllabus denied rehearing holding that the condemnation was not valid because the property was not required for intercity rail passenger service ..... inference that the statute authorizes amtrak to make a reasonable business judgment that condemnation of the property is advisable we agree the icc s oversight responsibility exercised by .....

Kirby Forest Indus. Vs. United States

Court: US Supreme Court

..... the statute does not however regulate decisions by the government whether to employ the straight condemnation procedure prescribed in 257 or the declaration of taking procedure embodied in 258a b ..... 1981 the court justified its award of interest on the ground that the institution of condemnation proceedings had effectively denied petitioner economically viable use and enjoyment of its property and .....

A. Akooji Jadwat Pvt. Ltd. Vs. Oriental Fire and General Insurance Co. ...

Court: Kolkata

Reported in: AIR1972Cal228,76CWN236

..... 2 ac 625 the insurers have not discharged this burden and moreover the sentence of condemnation was exhibited as an admitted document and it conclusively proves the statements made in ..... british prize courts move in two diametrically opposite directions in relation to the sentence of condemnation of their enemy counterparts must be properly understood why lord stowell took two different views .....

Lutheran Church Vs. County of Los Angeles

Court: US Supreme Court

..... the california supreme court has decided that mandamus or declaratory relief rather than inverse condemnation provides the appropriate relief for one who challenges a regulation as a taking agins ..... ibid the supreme court further said that mandamus or declaratory relief rather than inverse condemnation was the appropriate relief under the circumstances ibid app to juris statement a14 footnote .....