# St. Joe Paper Co. v. United States

> Court of Appeals for the Fifth Circuit · April 18, 1946 · 155 F.2d 93

URL: https://www.frixlaw.com/law-library/cases/6892467

## Case

- **Full name:** ST. JOE PAPER CO. v. UNITED STATES
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** April 18, 1946
- **Citations:** 155 F.2d 93; 1946 U.S. App. LEXIS 2171
- **Precedential status:** Published
- **Opinion:** Dissent by Waller
- **Judges:** Lee, Waller
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6892467

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6892467. Public record. Not legal advice.
