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WESTCHESTER COUNTY PARK COMMISSION v. UNITED STATES

No. 316.

143 F.2d 688 (1944)

WESTCHESTER COUNTY PARK COMMISSION et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 5, 1944.

Attorney(s) appearing for the Case

William A. Davidson, of Port Chester, N. Y. (Frank J. Claydon, of White Plains, N. Y., of counsel), for appellants.

Norman M. Littell, Asst. Atty. Gen., Harry T. Dolan and Vernon L. Wilkinson, both of Washington, D. C., and Roger P. Marquis, of Brooklyn, N. Y., for appellee.

Before L. HAND, SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Under the Fifth Amendment, the owner of land taken by condemnation is entitled to "just compensation." The key notion is indemnity, measured in money, for the owner's loss of the condemned property. In an effort to definitize this notion, it has been said that it requires the payment of a sum equal to the "value" of the property taken. But if "just compensation" is a baffling indefinite concept, ...

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