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. GENERAL MOTORS CORP., 323 U. S. 373 (1945)

Subscribe to Cases that cite 323 U. S. 373 RSS feed for this section

U.S. Supreme Court

United States v. General Motors Corp., 323 U.S. 373 (1945)

United States v. General Motors Corp.

No. 76

Argued November 16, 17, 1944

Decided January 8, 1945

323 U.S. 373

Syllabus

In proceedings to determine the measure of just compensation required by the Fifth Amendment to be made to a leaseholder where the Government has taken, for part of the unexpired term of a lease, the occupancy of a warehouse which was equipped for and used in the leaseholder's business, held:

1. The value of the occupancy is to be ascertained not by treating what has been taken as an empty warehouse to be leased for a long-term, but by what would be the market rental value of the building on a lease by the long-term tenant to a temporary occupant. P. 323 U. S. 381.

The long-term rental value is admissible as evidence of the market rental value of the temporary occupancy.

2. The reasonable cost of removing the leaseholder's stored property and preparing the space for occupancy by the Government -- including labor, materials, transportation, and possibly the cost of chanroblesvirtualawlibrary

Page 323 U. S. 374

temporary storage and returning the goods to the premises -- may be proved not as independent items of damage, but as elements affecting the price which would be asked and paid for temporary occupancy. P. 323 U. S. 383.

3. The leaseholder is entitled to compensation for the destruction, damage, or depreciation in value of fixtures and permanent equipment, not as part of, but in addition to, the value of the occupancy. P. 323 U. S. 383.

140 F.2d 873 affirmed.

Certiorari, 322 U.S. 722, to review a judgment which, on an appeal by the company, reversed a judgment in a condemnation proceeding.





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