CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


UNITED STATES V. MILLER, 317 U. S. 369 (1943)

Subscribe to Cases that cite 317 U. S. 369 RSS feed for this section

U.S. Supreme Court

United States v. Miller, 317 U.S. 369 (1943)

United States v. Miller

No. 78

Argued November 16, 17, 1942

Decided January 4, 1943

317 U.S. 369

Syllabus

1. Where, from the date of its authorization by Act of Congress, a federal reclamation project included the relocation of a line of railroad, and a probable route was marked out over certain lands subsequently taken in eminent domain proceedings, it is proper, in determining just compensation, to exclude from value as of the date of the taking such increase as occurred since the date of the authorization of the project and as a result thereof. P. 317 U. S. 377.

2. The exclusion from value, as of the date of the taking, of any increase which occurred since the date of the authorization of the project and as a result thereof is applicable also in the determination of severance damage. P. 317 U. S. 379.

3. Although the federal court, in eminent domain proceedings, is required by federal statutes to follow the forms and methods of procedure prescribed by local law, it is not bound by the local law on questions of substantive right -- such as the measure of compensation -- which are governed by the Federal Constitution. P. 317 U. S. 379.

4. The District Court's alleged disregard of the local practice in respect to the admission of opinion evidence as to value did not in this case involve substantial or prejudicial error. P. 317 U. S. 380.

5. Where, pursuant to the Act of February 26, 1931, the Government, in a proceeding in eminent domain, files a declaration of taking and deposits with the court the amount of estimated compensation, it is entitled to recover the excess of such amount over the amount of the award. P. 317 U. S. 380.

6. The inclusion in a general judgment in condemnation proceedings of a judgment of restitution for the amount by which the sum deposited by the Government and paid to the landowners exceeded the amount subsequently awarded as just compensation did not, in this case, deny due process in violation of the Fifth Amendment, for, upon defendants' motions to set aside the judgments, there was full opportunity for a hearing. P. 317 U. S. 382.

125 F.2d 75 reversed. chanroblesvirtualawlibrary

Page 317 U. S. 370

Certiorari, 316 U.S. 657, to review the reversal of a judgment for the Government against certain landowners in eminent domain proceedings.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED