· 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 CourtListenerSourced 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.