· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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