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Federal And State Condemnation Proceedings--Procedure And Statutory Background, William E. Miller Oct 1961

Federal And State Condemnation Proceedings--Procedure And Statutory Background, William E. Miller

Vanderbilt Law Review

The development of our modern and complex society has necessitated a widespread appropriation of private property for public use. The vital importance of present-day eminent domain is emphasized by the staggering proportions of recent and proposed takings in terms of the amount of land appropriated, its monetary value, and the number of individual citizens whose property is affected. In the Middle District of Tennessee alone--of course a small part of the national total-in excess of 700 tracts or parcels of land have been condemned during the past seven and one-half years for various projects, including the Old Hickory Dam and …


Constitutional Law - Eminent Domain - Extension Of Fifth Amendment "Taking" To Include Destruction Of Lien Right By The Doctrine Of Immunity Of Government Property From Attachment, Henry J. Price Apr 1961

Constitutional Law - Eminent Domain - Extension Of Fifth Amendment "Taking" To Include Destruction Of Lien Right By The Doctrine Of Immunity Of Government Property From Attachment, Henry J. Price

Michigan Law Review

Upon default of the contracting shipbuilder, the United States acquired title to certain materials in accordance with a contract provision. Petitioners, who had previously acquired materialmen's liens on these materials, claimed that assertion of the doctrine of immunity of government property from attachment resulted in a "taking" of their liens in violation of the fifth amendment. This was rejected by the Court of Claims. On certiorari to the United States Supreme Court, held, reversed, three Justices dissenting. Since the builder had title at the time the materials were furnished, the property was not a "public work" and thus the …


The United States-Rumanian Claims Settlement Agreement Of March 30, 1960, Gordon A. Christenson Jan 1961

The United States-Rumanian Claims Settlement Agreement Of March 30, 1960, Gordon A. Christenson

Faculty Articles and Other Publications

On March 30, 1960, the United States and Rumania settled by agreement certain claims of American nationals against Rumania. The agreement provides for the payment by Rumania of a lump sum in discharge of those claims. In recent years the device of the en-bloc or lump-sum settlement of international claims has to some extent replaced the use of the mixed claims commission.