Opinion

St. Joe Paper Co. v. United States

  • 155 F.2d 93
  • 1946 U.S. App. LEXIS 2171
Court
Court of Appeals for the Fifth Circuit
Filed
Apr 18, 1946
Status
Published
Author
Waller
On the bench
Lee, Waller
Cited by
26 cases

“[B]efore the owner of the condemned land could show adaptability to a use he must show a market 49 [ ] existed or was reasonably likely to exist in the near future.” (citing Cameron Dev. Co., 145 F.2d 209)

How later courts described this case

  • “[B]efore the owner of the condemned land could show adaptability to a use he must show a market 49 [ ] existed or was reasonably likely to exist in the near future.” (citing Cameron Dev. Co., 145 F.2d 209)
  • “[B]efore the owner of the condemned land could show adaptability to a use he must show a market 49 [*49] existed or was reasonably likely to exist in the near future.” (citing Cameron Dev. Co., 145 F.2d 209 )

Written by the judges who cited it.

The opinion

WALLER, Circuit Judge

(dissenting).

In view of the constitutional command that just compensation shall be made for private property taken for public use, and *99 in view of the absence of any recent and comparable sales from which the fair market value of the lands in question could readily be ascertained, I feel that the defendants should have been allowed a wider range in presenting evidence that tended to show factors reasonably pertinent to the ascertainment of fair value.

I believe that the requirements of the strict rules of evidence should be relaxed whenever a rigid adherence to them would .convert the inquiry into a highly technical proceeding, dependent for its outcome upon the skill and knowledge of such rules by the landowner’s counsel, rather than upon a just ascertainment of the measure of the landowner’s compensation.

I would prefer to see the case re-tried in the light of these views.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.