general
motors
corporation
argued
decided
january
vernon
wilkinson
washington
petitioner
john
thomas
smith
new
york
city
respondent
justice
roberts
delivered
opinion
case
one
first
impression
presents
question
decisions
federal
courts
conflict
problem
involved
ascertainment
compensation
required
fifth
amendment
constitution
exercise
power
eminent
domain
temporary
occupancy
portion
leased
building
taken
tenant
holds
long
term
lease
section
tit
ii
second
war
powers
act
march
provides
part
secretary
war
may
cause
proceedings
instituted
jurisdiction
acquire
condemnation
real
property
temporary
use
thereof
interest
therein
shall
deemed
necessary
military
war
purposes
act
provides
filing
condemnation
petition
immediate
possession
may
taken
property
may
occupied
used
improved
respondent
leased
one
story
warehouse
building
chicago
term
twenty
years
storage
distribution
automobile
parts
fitted
premises
use
became
subtenants
portion
floor
space
building
remained
possession
respondent
square
feet
spring
secretary
war
requested
attorney
general
institute
proceedings
condemnation
occupancy
remaining
space
term
ending
june
pursuant
request
june
filed
petition
district
order
condemning
temporary
use
granting
government
right
immediate
possession
use
improvement
military
purposes
day
entered
order
declaring
property
condemned
term
ending
june
granting
right
immediate
possession
order
served
respondent
shortly
thereafter
began
removing
personal
property
area
dismantling
demolishing
bins
fixtures
space
available
government
use
june
trial
ascertainment
compensation
due
respondent
attorney
government
proving
authority
taking
called
real
estate
expert
gave
opinion
fair
rental
value
space
cents
per
year
per
square
foot
government
rested
respondent
called
expert
witnesses
testified
opinion
fair
rental
value
cents
per
square
foot
witness
permitted
testify
rent
paid
respondent
landlord
varied
years
inclusive
cents
respondent
offered
prove
various
items
cost
caused
removal
contents
consisted
inter
alia
salaries
employees
engaged
work
compensation
due
employes
put
work
removal
wages
janitors
watchmen
protection
building
moving
cost
shipping
contents
building
points
compensation
executives
employes
whose
time
required
connection
moving
property
freight
haulage
charges
rental
storage
space
articles
moved
value
bin
equipment
destroyed
estimated
original
cost
installation
fixed
equipment
completely
lost
result
dismantling
area
sustained
objection
offer
jury
awarded
compensation
lump
sum
rate
approximately
cents
per
square
foot
term
one
year
respondent
appealed
circuit
appeals
assigning
error
refusal
offer
proof
might
sustained
district
ruling
ground
respondent
entitled
prove
certain
expenditures
losses
question
independent
items
damages
additional
value
interest
taken
condemnation
however
considering
substance
rather
form
vote
reversed
judgment
holding
items
actual
loss
direct
necessary
result
respondent
exclusion
leased
area
might
proved
independent
items
elements
considered
arriving
sum
compensation
interest
government
condemned
cause
remanded
trial
accordance
ruling
circuit
appeals
think
review
ruling
inasmuch
fundamental
conduct
case
correctness
decision
depends
upon
scope
meaning
constitutional
provision
shall
private
property
taken
public
use
without
compensation
conditions
otherwise
unrestrained
power
sovereign
expropriate
without
compensation
whatever
needs
critical
terms
compensation
conceivable
first
used
vulgar
untechnical
sense
physical
thing
respect
citizen
exercises
rights
recognized
law
hand
may
employed
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sense
denote
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rights
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citizen
relation
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thing
right
possess
use
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point
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phrase
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power
eminent
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formerly
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lawyers
term
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rights
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term
fee
simple
may
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known
tenancy
years
present
instance
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provision
addressed
every
sort
interest
citizen
may
possess
primary
meaning
term
seem
signify
something
destruction
might
well
claimed
one
take
destroys
construction
phrase
narrow
courts
held
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former
owner
rather
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right
interest
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action
short
acquisition
title
occupancy
held
effects
complete
deprive
owner
interest
subject
matter
amount
taking
observed
whether
sovereign
substitutes
occupant
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owner
destroys
existing
rights
subject
matter
fifth
amendment
concerns
solely
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relation
physical
thing
collateral
interests
may
incident
ownership
light
principles
held
compensation
paid
value
interest
taken
sense
receive
value
true
owner
must
put
good
position
pecuniarily
property
taken
ordinary
case
want
better
standard
market
value
called
criterion
value
cases
criterion
used
either
interest
condemned
market
value
circumstances
market
value
furnishes
inappropriate
measure
actual
value
trial
case
parties
presented
evidence
market
value
occupancy
bare
floor
space
term
taken
respondent
offer
prove
additional
items
claimed
compensation
overruled
award
therefore
limited
market
value
occupancy
vacant
building
question
whether
element
value
inhered
interest
taken
sovereign
ordinarily
takes
fee
rule
case
compensation
interest
include
future
loss
profits
expense
moving
removable
fixtures
personal
property
premises
loss
inheres
location
land
like
consequential
losses
ensue
sale
property
someone
sovereign
doubt
elements
considered
owner
determining
whether
price
sell
doubt
therefore
owner
made
whole
loss
consequent
sovereign
seizure
property
elements
properly
considered
courts
generally
held
reckoned
part
compensation
fee
taken
government
taken
departing
rule
laid
think
sound
even
state
constitutions
command
compensation
made
property
damaged
public
use
many
generally
held
taken
damaged
group
rights
owner
exercises
dominion
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thing
damage
rights
ownership
include
losses
business
consequential
damage
question
posed
case
shall
different
measure
compensation
apply
taken
right
temporary
occupancy
building
equipped
condemnee
business
filed
commodities
presumably
reoccupied
used
end
lease
term
termination
government
use
right
occupy
day
month
year
series
years
without
reference
actual
use
needs
collateral
arrangements
occupier
value
value
interest
affected
course
kind
building
occupied
location
susceptibility
various
uses
conveniences
reverse
many
factors
go
set
value
occupancy
taken
consideration
fixing
market
value
floor
space
taken
space
bare
market
rent
said
government
power
take
short
period
demand
possession
space
taken
freed
equipment
personal
property
therein
denied
three
questions
emerge
presented
taken
fee
interest
land
rental
value
sole
measure
value
occupancy
carved
long
term
taking
necessitates
removal
personal
property
stored
building
conformity
normal
use
building
necessary
expense
removal
considered
computing
compensation
tenant
equipment
fixtures
taken
destroyed
reduced
value
government
action
must
compensate
value
thus
taken
destroyed
addition
paying
rental
value
occupancy
government
need
pay
rental
empty
building
temporary
taking
tenant
way
found
defeat
fifth
amendment
mandate
compensation
condemnations
except
contemplated
public
use
requires
taking
fee
simple
title
case
government
may
need
private
property
devise
condemnation
specify
term
day
month
year
optional
contingent
renewal
indefinite
periods
certainty
need
pay
owner
long
term
rental
rate
unoccupied
building
short
term
period
premises
already
lease
market
rental
whatever
minimum
term
may
choose
select
fixed
according
usual
modes
arriving
rental
rates
though
owner
may
damaged
ouster
ten
score
perhaps
hundred
times
amount
found
due
rental
value
present
case
respondent
offered
prove
actual
expense
moving
property
exceeded
loss
due
destruction
removal
fixtures
fixed
equipment
exceeded
addition
continuing
liability
pay
rent
year
approximately
whereas
award
result
sustained
see
limit
utilization
device
none
amendment
guaranty
becomes
one
compensation
taken
instrument
confiscation
fictionalizing
compensation
concept
common
law
idea
peppercorn
law
seizin
later
one
received
contractual
consideration
value
paid
case
like
present
confined
matter
law
long
term
rental
bare
space
owner
secure
either
rights
property
right
compensation
substitute
government
takes
use
benefit
use
warehouse
short
time
taken
property
might
general
motors
factory
several
plants
modest
store
home
whatever
property
citizen
government
may
take
takes
property
fee
lease
whatever
may
terminating
altogether
interest
established
law
must
pay
taken
must
stand
whatever
indirect
remote
injuries
properly
comprehended
within
meaning
damage
conception
defined
cases
even
consequences
often
harsh
whatever
remedy
may
exist
lies
congress
altogether
another
matter
government
take
entire
interest
form
proceeding
chops
bits
takes
wants
however
minute
leaves
holding
remainder
may
altogether
useless
refusing
pay
rental
value
use
chips
cut
neither
compensation
fifth
amendment
contemplates
value
occupancy
ascertained
treating
taken
empty
warehouse
leased
long
term
market
rental
value
building
lease
tenant
temporary
occupier
case
retried
principle
ruling
suggest
rental
value
may
shown
bearing
market
rental
value
temporary
occupancy
taken
may
evidence
value
taken
criterion
value
case
elements
certainly
directly
affect
market
price
agreed
upon
tenant
sublessee
extraordinary
unusual
transaction
reasonable
cost
moving
property
stored
preparing
space
occupancy
subtenant
cost
include
labor
materials
transportation
might
also
include
storage
goods
sale
cost
return
leased
premises
items
may
proved
independent
items
damage
aid
determination
asked
paid
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building
use
long
term
lease
respondent
offered
detailed
proof
amounts
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necessarily
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purposes
think
proof
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purpose
limitation
indicated
proof
costs
affecting
market
value
distinguished
proof
value
peculiar
respondent
value
injury
business
respondent
case
case
condemnation
fee
must
excluded
reckoning
fixtures
permanent
equipment
destroyed
depreciated
value
taking
respondent
entitled
compensation
owner
rights
less
property
within
meaning
fifth
amendment
rights
land
structures
thereon
erected
matters
whether
taken
government
destroyed
since
said
destruction
tantamount
taking
true
whether
fixtures
equipment
considered
vendor
tenant
trade
fixtures
respect
tenant
whose
occupancy
taken
entitled
compensation
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damage
depreciation
value
since
property
distinct
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compensation
awarded
part
addition
value
occupancy
judgment
circuit
appeals
modified
opinion
affirmed
chief
justice
justice
fankfurter
justice
murphy
took
part
consideration
decision
case
justice
douglas
concurring
part
agree
respondent
entitled
compensation
fixtures
permanent
equipment
destroyed
depreciated
value
taking
likewise
agree
spondent
entitled
increase
award
award
granted
less
rental
continuing
obligation
pay
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occupying
premises
paying
square
foot
respondent
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pay
landlord
special
circumstances
difficult
see
lessee
receives
compensation
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unless
pays
full
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indeed
novel
rule
law
allowed
government
oust
person
portion
leasehold
occupy
premises
pay
part
rent
leaving
balance
paid
though
ousted
holds
balance
term
believe
allow
cost
removing
personal
property
premises
reflected
award
fee
interest
condemned
exclude
expenses
award
consequential
losses
injuries
resulting
taking
compensable
fifth
amendment
mitchell
miller
powelson
takes
act
congress
make
adhere
rule
allow
consequential
damages
shown
see
refuse
offer
proof
year
lease
year
lease
fee
interest
condemned
cost
moving
relevant
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price
one
case
say
irrelevant
one
type
consequential
damage
relevant
market
price
see
almost
type
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offer
proof
present
case
result
let
consequential
damages
new
guise
take
step
demonstrate
hard
cases
indeed
make
bad
law
give
constitution
interpretation
promises
swollen
verdicts
act
congress
cure
justice
black
joins
opinion
footnotes
compare
decision
gershon
national
laboratory
supply
entire
fifth
floor
improved
premises
certain
parcels
land
acres
land
building
known
brannan
street
wm
wrigley
howard
stat
appendix
judgment
entered
verdicts
government
motion
opened
judgment
permitted
government
amend
petition
condemnation
describe
interest
taken
term
years
expiring
june
renewable
additional
yearly
periods
thereafter
election
secretary
war
specified
notice
intent
renew
entered
new
judgment
awarding
amount
verdict
respondent
retaining
jurisdiction
ascertainment
compensation
damage
property
beyond
ordinary
wear
tear
due
government
occupancy
understand
facts
alter
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us
case
presented
involves
original
taking
one
year
remand
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government
option
renewal
additional
value
interest
must
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compensation
awarded
express
opinion
government
power
condemn
service
furnishing
heat
light
lewis
eminent
domain
see
welch
richards
washington
terminal
bothwell
mitchell
mullen
benevolent
orgel
valuation
eminent
domain
chap
pp
orgel
patterson
city
boston
getz
philadelphia
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philadelphia
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getz
mcmillin
ptg
pittsburgh
north
coast
kraft
national
laboratory
supply
supra
note
jackson
state
new
york
block
bounded
misc
willcox
bales
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city
new
york
water
front
matter
city
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city
new
york
app
div
city
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louis
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people
ganahl
lumber
cases
cited
note