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UNITED STATES v. 564.54 ACRES OF LAND

No. 78-488.

441 U.S. 506 (1979)

99 S.Ct. 1854

60 L.Ed.2d 435

UNITED STATES v. 564.54 ACRES OF LAND, MORE OR LESS, SITUATED IN MONROE AND PIKE COUNTIES, PENNSYLVANIA, ET AL.

Supreme Court of United States.

Decided May 14, 1979.

Attorney(s) appearing for the Case

Deputy Solicitor General Barnett argued the cause for the United States. With him on the briefs were Solicitor General McCree, Assistant Attorney General Moorman, Deputy Assistant Attorney General Liotta, Sara Sun Beale, Peter R. Steenland, Jr., Raymond N. Zagone, and John J. Zimmerman.

H. Ober Hess argued the cause for respondent Southeastern Pennsylvania Synod of the Lutheran Church in America. With him on the brief was Arthur Makadon.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

At issue in this case is the proper measure of compensation when the Government condemns property owned by a private nonprofit organization and operated for a public purpose. In particular, we must decide whether the Just Compensation Clause of the Fifth Amendment1 requires payment of replacement cost rather than fair market value of the...

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