Skip to main content
· 5/15/1970

United States v. Weatherford

Citations

  • 19 C.M.A. 424
  • 19 USCMA 424
  • 42 C.M.R. 26
  • 1970 CMA LEXIS 879
  • 1970 WL 6969

How courts have described this case

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

  • determining severance damages for one property by analyzing the property as five areas that were impacted by the taking differently
  • relying on Tektronix, in taking judicial notice of Moody’s Index in a Takings Clause case, where the facts demonstrated that such use “constitutes just compensation”
  • stating in a takings ease: “[I]n order to avoid discrimination among litigants, we ... place great weight on the strong judicial policy requiring uniformity of treatment of eondemnees.”
  • using evidence of the sale of remainder property five years after the valuation date to corroborate and test expert opinions regarding the expectations of a prospective purchaser and seller as of the valuation date for future logging efforts
  • “There exists no basis, in fact or in law, for awarding plaintiff additional just compensation in the form of severance damage for the taking of such gravel deposit areas.”
  • “It is settled that not all losses suffered by the owner are compensable under the fifth amendment____ Under federal law, there can be no recovery for consequential damages as a result of a taking.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Darden, Ferguson, 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.