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PUBLIC WATER SUPPLY DISTRICT NO. 3 v. UNITED STATES

No. 616-52.

135 F.Supp. 887 (1955)

PUBLIC WATER SUPPLY DISTRICT No. 3 OF JACKSON COUNTY, MISSOURI, a public corporation, v. The UNITED STATES.

United States Court of Claims.

December 6, 1955.

Attorney(s) appearing for the Case

Arnold N. Shanberg, Kansas City, Mo., for the plaintiff. I. Frank Rope and Rope, Shanberg & Rope, Kansas City, Mo., were on the briefs.

Thomas L. McKevitt, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for the defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

LARAMORE, Judge.

This is a suit to recover just compensation allegedly due the plaintiff by reason of the acquisition by the United States of certain property situated within the water district. The action is based upon the Fifth Amendment to the Constitution.

The question presented is whether a taking within the meaning of the Fifth Amendment occurs when the United States acquires property within a water district which has issued bonds payable in annual installments...

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