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

ChanRobles™ Virtual Law Library™ |™   
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 : 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

MARTIN V. CREASY, 360 U. S. 219 (1959)

Subscribe to Cases that cite 360 U. S. 219 RSS feed for this section

U.S. Supreme Court

Martin v. Creasy, 360 U.S. 219 (1959)

Martin v. Creasy

No. 157

Argued April 2, 1959

Decided June 8, 1959

360 U.S. 219


Respondents owned property abutting a section of highway in Pennsylvania which was about to be designated as a "limited access highway" under authority of a Pennsylvania statute which provides that the owners of property affected by the designation of a "limited access highway" shall be entitled "only to damages arising from an actual taking of property," and not for "consequential damages where no property is taken." They sued in a Federal District Court for injunctive relief and a judgment declaring the statute unconstitutional. The District Court stayed its proceedings to permit the parties to seek a determination of their rights under the Act in the state courts. They brought an equity suit in a state court, which held that the Act provides a method by which every property owner may have it decided whether he is entitled to compensation, and, if so, for what and in what amounts, and that their constitutional rights, whatever they may be, will be protected. The State Supreme Court affirmed. Thereafter, the District Court concluded that the State Legislature did not intend to compensate abutting landowners whose rights of access to an existing highway are destroyed by its designation as a limited access highway, and that the Act violated the Due Process Clause of the Fourteenth Amendment, and it permanently enjoined the Governor and the Secretary of Highways from proceeding further.

Held: the circumstances were such that the District Court should have declined to adjudicate this controversy. Pp. 360 U. S. 220-225.

(a) The desirability of avoiding unseemly conflict between two sovereignties, the unnecessary impairment of state functions, and the premature determination of constitutional questions should have led the District Court to stay its hand. Pp. 360 U. S. 223-224.

(b) Another reason why the District Court should have stayed its hand is to be found in the complex and varying effects which the contemplated state action may have upon different landowners. Pp. 360 U. S. 224-225. chanroblesvirtualawlibrary

Page 360 U. S. 220

(c) There is no reason to suppose that the State will not accord full constitutional scope to the statutory phrase "actual taking of property"; but, should it fail to do so, recourse may be had to this Court. P. 360 U. S. 225.

160 F. Supp. 404, reversed.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™