· 12/4/1922
Portsmouth Harbor Land & Hotel Co. v. United States
Citations
- 260 U.S. 327
- 43 S. Ct. 135
- 67 L. Ed. 287
- 1922 U.S. LEXIS 2372
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- opining that “[e]very successive trespass adds to the force of the evidence” for a taking
- government assertion of a right to fire coastal defense guns across private property would consti- tute a taking
- landowner could sue for taking without just compensation, in connection with Army guns fired over property; argument that Army officers lacked authority to appropriate land rejected as irrelevant, since Army officers had authority to fire guns
- “[W]hile a single act may not be enough, a continuance of them in sufficient number and for a sufficient time may prove [the intent to take property]. Every successive trespass adds to the force of the evidence.”
- easement for firing cannonballs over plaintiffs’ property
- same; military gunfire over plaintiff’s land
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes, Brandéis, Sutherland
Read full opinion on CourtListenerSourced 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.