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UNITED STATES V. FULLER, 409 U. S. 488 (1973)

U.S. Supreme Court

United States v. Fuller, 409 U.S. 488 (1973)

United States v. Fuller

No. 71-559

Argued October 18, 1972

Decided January 16, 1973

409 U.S. 488


In a condemnation proceeding brought by the United States, respondents made a claim, which the District Court and Court of Appeals upheld, to compensation for enhanced value on the open market because of use of the condemned fee lands in conjunction with adjoining federal lands for which respondents held permits under the Taylor Grazing Act.

Held: The Fifth Amendment requires no compensation for any value added to the fee lands by the permits, which are revocable and, by the Act's terms, create no property rights. Pp. 409 U. S. 490-494.

442 F.2d 504, reversed.

REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, and BLACKMUN, JJ., joined. POWELL, J., filed a dissenting opinion, in which DOUGLAS, BRENNAN, and MARSHALL, JJ., joined, post, p. 409 U. S. 494.

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