United States v. Fuller (409 U.S. 488)
Supreme Court of the United States
United States v. Fuller et ux.
Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 71-559. Argued: October 18, 1972 --- Decided: January 16, 1973
In a condemnation proceeding brought by the United States, respondents made a claim, which the District Court and Court of Appeals upheld, to compensation for enhanced value on the open market because of use of the condemned fee lands in conjunction with adjoining federal lands for which respondents held permits under the Taylor Grazing Act.
Held: The Fifth Amendment requires no compensation for any value added to the fee lands by the permits, which are revocable and, by the Act's terms, create no property rights. Pp. 490-494.
442 F.2d 504, reversed.
REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, and BLACKMUN, JJ., joined. POWELL, J., filed a dissenting opinion, in which DOUGLAS, BRENNAN, and MARSHALL, JJ., joined, post, p. 494.
Harry R. Sachse argued the cause for the United States. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Frizzell, Raymond N. Zagone, and Jacques B. Gelin.
Frank Haze Burch argued the cause for respondents. With him on the brief was Daniel Cracchiolo.
Francis Gallagher filed a brief for the Montana Public Lands Council as amicus curiae urging affirmance.