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PHELPS V. UNITED STATES, 274 U. S. 341 (1927)

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U.S. Supreme Court

Phelps v. United States, 274 U.S. 341 (1927)

Phelps v. United States

No. 531

Argued March 3, 1927

Decided May 16, 1927

274 U.S. 341


1. A claim for just compensation for the use of property taken by the government is "founded upon the Constitution," within the meaning of Jud.Code, § 145. P. 274 U. S. 343.

2. A claim for just compensation for property taken for public use by officers or agents of the United States pursuant to an Act of Congress is a claim founded upon an implied contract. Jud.Code, § 145. P. 274 U. S. 343.

3. Where the use of private property is taken by eminent domain and paid for later, the owner is entitled to the value at the time of taking and such additional amount that the whole ay be equivalent to the value of such use at the time of the taking paid contemporaneously with the taking. P. 274 U. S. 344.

4. Such additional allowance may be measured by a reasonable rate of interest, but is not properly interest, and is not within the prohibition of interest before judgment found in Jud.Code, § 177. P. 274 U. S. 344.

61 Ct.Cls. 1044 reversed.

Certiorari (273 U.S. 678) to a judgment of the Court of Claims allowing a recovery of less than the amount claimed as the balance due for the value of the use of a wharf, on which petitioners had a lease, and which was taken over for military purpose during the late war. chanroblesvirtualawlibrary

Page 274 U. S. 342

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