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· 1/11/1963

Alva A. Aaron v. The United States. Peter Andersen v. The United States

Citations

  • 311 F.2d 798
  • 160 Ct. Cl. 295
  • 1963 U.S. Ct. Cl. LEXIS 183

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that recovery could not be had for flights above the minimum safe altitudes unless the flights amounted to a \practical destruction\ of the property
  • recognizing possibility of recovery where \travel in the navigable air space [is] so severe as to amount to a practical destruction or a substantial impairment of [private property]\
  • recognizing possibility of recovery where “travel in the navigable air space [is] so severe as to amount to a practical destruction or a substantial impairment of [private property]”
  • allowing claims based on flights below 500 feet, while denying those based on flights over 500 feet
  • allowing claims based on flights below 500 feet, while denying those based on flights over 500 feet
  • declining to find a taking due to aircraft overflights where only two planes flew over the property per day but finding a physical taking when flights increased to a dozen per day

Source: CourtListener parenthetical corpus (CC0).

Judges: Whitaker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.