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· 7/23/1971

United States v. Racz

Citations

  • 21 C.M.A. 24
  • 21 USCMA 24
  • 44 C.M.R. 78
  • 1971 CMA LEXIS 609
  • 1971 WL 12452

How courts have described this case

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

  • holding that noise associated with military overflights destroyed the value of property for residential use
  • concluding that noise created by overflights “ ‘practically] destroyed]’ ” the property and decreased its market value, which resulted in a taking (quoting Aaron v. United States, 160 Ct.Cl. 295, 311 F.2d 798, 801 (1963))
  • finding that the United States took private land without violating the landowner's airspace because its overflights were \peculiarly burdensome\ to the landowner
  • allowing recovery although the overflights were wholly within navigable airspace that the United States had a right to occupy
  • describing similar aircraft landing exercises

Source: CourtListener parenthetical corpus (CC0).

Judges: Darden, Fergüson, Quinn

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.