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· 3/13/1981

United States v. 162.20 Acres of Land, More or Less, Situated in Clay County, State of Mississippi, and F. E. Uithoven

Citations

  • 639 F.2d 299
  • 11 Envtl. L. Rep. (Envtl. Law Inst.) 20230
  • 1981 U.S. App. LEXIS 19289

How courts have described this case

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

  • holding that, in eminent domain cases brought under the Declaration of Taking Act, “the concept of justiciability limits judicial review to the bare issue of whether the limits of authority were exceeded”
  • holding that, in eminent domain cases brought under the Declaration of Taking Act, “the concept of justiciability limits judicial review to the bare issue of whether the limits of authority were exceeded”
  • “While the [NHPA] may seem to be no more than a ‘command to consider,’ it must be noted that the language is mandatory and the scope is broad.”
  • “[T]he filing of a declaration of taking and deposit of estimated compensation vests title in the United States, accomplishing the taking.”
  • “[O]nly an express statement by Congress that . . . noncompliance [with a non- empowering federal statute] is a defense to a condemnation itself would be sufficient to achieve that result.
  • \the language is mandatory and the scope is broad\

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Goldberg, Tate

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.