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ALBRECHT V. UNITED STATES, 329 U. S. 599 (1947)

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U.S. Supreme Court

Albrecht v. United States, 329 U.S. 599 (1947)

Albrecht v. United States

No. 148

Argued January 8, 1947

Decided February 3, 1947*

329 U.S. 599


Contracts for the purchase of lands by the Government stipulated the purchase price, granted the right of immediate possession, but contained no provision for interest. The Government subsequently instituted condemnation proceedings, filed a declaration of taking, and deposited in court sums substantially less than the contract prices. The landowners asserted their contract rights. The validity of the contracts having thereafter been judicially established, the Government paid into court the full contract price.


1. The Government is not obligated in these circumstances to pay interest, since the compensation of the landowners is controlled by the contracts, which contained no provision for interest, rather than by the Fifth Amendment. Pp. 329 U. S. 600, 329 U. S. 602.

2. The landowners having relied upon the purchase price provisions of their contracts, the interest provisions of the Declaration of Taking Act are inapplicable. P. 329 U. S. 604.

155 F.2d 73, 77, affirmed.

In condemnation proceedings instituted by the Government, the landowners, petitioners here, relied upon the purchase price provisions of earlier contracts and, in addition, claimed interest. In No. 151, the District Court, on the question of interest, held for the Government. 60 F.Supp. 741. In the other cases, the District Court held for the landowners. 61 F.Supp. 199. The Circuit Court of Appeals held for the Government. 155 F.2d 73, 77. This Court granted certiorari. 329 U.S. 694. Affirmed, p. 329 U. S. 606. chanroblesvirtualawlibrary

Page 329 U. S. 600

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