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UNITED STATES v. CAUSBY

No. 630.

328 U.S. 256 (1946)

66 S.Ct. 1062

90 L.Ed. 1206

UNITED STATES v. CAUSBY ET UX.

Supreme Court of United States.

Decided May 27, 1946.

Attorney(s) appearing for the Case

Walter J. Cummings, Jr. argued the cause for the United States. With him on the brief were Solicitor General McGrath, J. Edward Williams, Roger P. Marquis and Alvin O. West.

William E. Comer argued the cause and filed a brief for respondents.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a case of first impression. The problem presented is whether respondents' property was taken, within the meaning of the Fifth Amendment, by frequent and regular flights of army and navy aircraft over respondents' land at low altitudes. The Court of Claims held tlat there was a taking and entered judgment for respondents, one judge dissenting. 104 Ct. Cls. 342...

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