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CHONGRIS v. CORRIGAN

No. 71-1532.

409 U.S. 919 (1972)

CHONGRIS ET AL. v. CORRIGAN ET AL.

Supreme Court of United States.

October 16, 1972.

MR. JUSTICE DOUGLAS, dissenting.

In 1946, this Court articulated the standard to be applied in testing flight patterns over private property against the Just Compensation Clause of the Fifth Amendment. United States v. Causby, 328 U.S. 256. We held that "the flight of airplanes, which skim the surface but do not touch it, is as much an appropriation of the use of the land as a more conventional entry upon it." We noted...

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