United States v. 50 Acres of Land

United States v. 50 Acres of Land
Argued October 2, 1984
Decided December 4, 1984
Full case nameUnited States v. 50 Acres of Land
Citations469 U.S. 24 (more)
105 S. Ct. 451; 83 L. Ed. 2d 376
Case history
PriorDistrict Court entered judgment for jury award, 529 F. Supp. 220 (N.D. Tex. 1981); reversed and remanded, 706 F.2d 1356 (5th Cir. 1983); rehearing denied, 717 F.2d 1399 (5th Cir. 1983); cert. granted, 465 U.S. 1098 (1984).
Holding
The Fifth Amendment does not require consequential damages when the market value of the condemned property is ascertainable and when there is no showing of manifest injustice.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinions
MajorityStevens, joined by unanimous
ConcurrenceO'Connor, joined by Powell
Laws applied
U.S. Const. amend. V

United States v. 50 Acres of Land, 469 U.S. 24 (1985), was a United States Supreme Court case regarding whether a public condemnee is entitled to consequential damages measured by the cost of acquiring a substitute facility if it has a duty to replace the condemned facility. The Court declined to award the costs of the substitute facility, holding that the Fifth Amendment does not require consequential damages when the market value of the condemned property is ascertainable and when there is no showing of manifest injustice.[1]

  1. ^ United States v. 50 Acres of Land, 469 U.S. 24, 29 (1985).