United States v. Carmack | |
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Argued October 18, 1946 Decided December 9, 1946 | |
Full case name | United States v. Carmack |
Citations | 329 U.S. 230 (more) 67 S. Ct. 252; 91 L. Ed. 209; 1946 U.S. LEXIS 2996 |
Case history | |
Prior | On appeal from the Circuit Court of Appeals for the Eighth Circuit, 151 F.2d 881 (8th Cir. 1945). |
Holding | |
The Supremacy Clause of the U.S. Constitution makes federal powers of eminent domain supreme, and the Condemnation Act of 1888 and Public Buildings Act of 1926 authorize the federal government to exercise eminent domain over state- and locally-owned land and/or buildings. | |
Court membership | |
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Case opinions | |
Majority | Burton, joined by Vinson, Black, Reed, Frankfurter, Murphy, Jackson, Rutledge |
Concurrence | Douglas |
Laws applied | |
Condemnation Act of August 1, 1888; Public Buildings Act of 1926 |
United States v. Carmack, 329 U.S. 230 (1946), was a unanimous decision of the Supreme Court of the United States which held that the United States federal government was empowered by Condemnation Act of August 1, 1888; the Public Buildings Act of 1926; and the United States Constitution to exercise its right of eminent domain over land containing buildings owned by a state or local government.[1]