West Headnote of the Day – December 3, 2009

December 3, 2009

West's Key 148 Eminent Domain
West's Key 148II Compensation
West's Key 148II(B) Taking or Injuring Property as Ground for Compensation
West's Key 148k81 Property and Rights Subject of Compensation
West's Key 148k85 k. Easements and Other Rights in Real Property.

Where federal Government permitted its airplanes to fly so low over plaintiffs’ land which adjoined municipal airport in North Carolina leased by federal Government as to deprive plaintiffs of use and enjoyment of their land for purpose of raising chickens, there was a “taking”, so as to entitle plaintiffs to recover just compensation.
United States v. Causby, 66 S. Ct. 1062 (1946)

Suggested by Brad Oastler; Conboy, McKay, Bachman & Kendall, LLP; Watertown, NY

148 Eminent Domain