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United States v. 50 Acres of Land : ウィキペディア英語版 | United States v. 50 Acres of Land
''United States v. 50 Acres of Land'', , was a United States Supreme Court case regarding whether a public condemnee is entitled to consequential damages measured by the cost of acquiring a substitute facility if it has a duty to replace the condemned facility. The Court declined to award the costs of the substitute facility, holding that the Fifth Amendment does not require consequential damages when the market value of the condemned property is ascertainable and when there is no showing of manifest injustice.〔469 U.S. 24, 29〕 ==Background== In 1978, as part of a flood control project, the United States condemned approximately of land owned by the city of Duncanville, Texas. The site had been used since 1969 as a sanitary landfill. In order to replace the condemned landfill, the city acquired a site and developed it into a larger and better facility. In the condemnation proceedings, the city claimed that it was entitled to recover all of the costs incurred in acquiring the substitute site and developing it as a landfill, an amount in excess of $1,276,000. The United States, however, contended that proper compensation should be determined by the fair market value of the condemned facility and deposited $199,950 in the registry of the court as its estimation of the amount due. Before trial the Government filed a motion ''in limine'' to exclude any evidence of the cost of the substitute facility, arguing that it was not relevant to the calculation of fair market value. The District Court denied the motion, noting that this Court had left open the question of the proper measure of compensation for the condemnation of public property. The court concluded that "a complete factual record should be developed from which an independent determination of the appropriate measure of compensation can be made."〔469 U.S. 24, 27〕
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