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· 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 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.