|
''United States v. Carmack'', 329 U.S. 230 (1946) was a unanimous decision of the Supreme Court of the United States which held that the United States federal government was empowered by Condemnation Act of August 1, 1888; the Public Buildings Act of 1926; and the United States Constitution to exercise its right of eminent domain over land containing buildings owned by a state or local government.〔Dimitrakopoulos, Dionyssis G. ''Individual Rights and Liberties Under the U.S. Constitution: The Case Law of the U.S. Supreme Court.'' Boston: M. Nijhoff, 2007, p. 820.〕 ==Background== The Carmack family owned substantial tracts of land in which would eventually become the city of Cape Girardeau, Missouri. In 1807, the Carmack family conveyed, in trust, title to a plot of land to the City of Cape Girardeau with the restriction that the land only be used for public purposes.〔''United States v. Carmack'', 329 U.S. 230, 234.〕 An adjacent plot of land was also conveyed in trust in 1820, with an identical restriction.〔 In the late 1930s, pursuant to their authority under the Condemnation Act of 1888 and the Public Buildings Act of 1926, the site was selected by the Federal Works Agency and the United States Postmaster General as the site for a future federal courthouse and a federal post office.〔''United States v. Carmack'', 329 U.S. 230, 232.〕 In 1941, the United States sought permission to condemn that land and exercise its right of eminent domain from a United States district court.〔''United States v. Carmack'', 329 U.S. 230, 233.〕 After judicial proceedings, the condemnation was approved. Iska W. Carmack, an heir of the Carmack family; the City of Cape Girardeau; and the state of Missouri contested the decision, but the district court held that Carmack had no right to contest the proceedings. All three parties appealed. The Eighth Circuit Court of Appeals reversed the decision of the district court and ordered the district court to reconsider the case and to include Carmack as a respondent.〔''Carmack v. United States'', 135 F.2d 196 (1943).〕 In 1944, the district court held a second set of condemnation proceedings, and this time concluded that the United States had arbitrarily and capriciously selected the site in disregard for federal law and regulation.〔''United States v. Certain Land, Etc.'', 55 F.Supp. 555 (1944).〕 The United States appealed. The Eighth Circuit Court of Appeals affirmed the judgment of the district court, but on different grounds. The appellate court said that the Federal Works Agency and the Postmaster General did not have the statutory authority to begin condemnation proceedings.〔''United States v. Carmack'', 151 F.2d 881 (8th Cir., 1945).〕 The United States appealed to the U.S. Supreme Court, which granted certiorari. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「United States v. Carmack」の詳細全文を読む スポンサード リンク
|