UNITED STATES V. CAUSBY 328 U.S. 256 (1946) CASE BRIEF

UNITED STATES V. CAUSBY
328 U.S. 256 (1946)
NATURE OF THE CASE: This was an action for compensation for a taking under the Fifth Amendment. Appealed.
FACTS: Causby (P) owned a chicken farm located near an airport. One of the airport's runways was located about 2500 feet from P's house and barn. The path of glide to the runway passed directly over P's farm 83 feet above the ground. The airport was leased by the United States government (D), and used by various government-owned aircraft. The government aircraft would come into the runway barely clearing the treetops on P's land. They caused severe disturbances from noise and light, and rendered the land unsuitable for use in his chicken business. The lower court found that P's property had decreased in value, and that the United States had taken an easement in the property. The court found that the value of the property destroyed and the easement taken was $2,000. D appeals.

ISSUE:


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LEGAL ANALYSIS:





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