United States v. Jones’s Empirical Analysis

Citation profile

52 federal appellate · 32 district · 73 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 325 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The proceeding for the ascertainment of the value of the property and consequent compensation to be made, is merely an inquisition to establish a particular fact * * * and it may be prosecuted before commissions or special boards or the courts, with or without the intervention of a jury, as the legislative power may designate. All that is required is that it shall be conducted in some fair and just manner, with opportunity to the owners of the property to present evidence as to its value, and to be heard thereon.””

   4 later decisions quote this exact passage · from the majority
   e.g. Wilson v. United States · Great Falls Manuf'g Co. v. Garland

2. “There is, in this position, an assumption that the ascertainment of the amount of compensation to be made is an essential element of the power of appropriation; but such is not the case. The power to take private property for public uses, generally termed the right of eminent domain, belongs to every independent government. It is an incident of sovereignty and, as said in Boom Co. v. Patterson, 98 U.S. 403 406 [ 25 L.Ed. 206 ] [(1878)], requires no constitutional recognition. The provision found in the Fifth Amendment to the federal Constitution, and in the Constitutions of the several States, for just compensation for the property taken, is merely a limitation upon the use of the power. It is no part of the power itself, but a condition upon which the power may be exercised... . [T]here is no reason why the compensation to be made may not be ascertained by any appropriate tribunal capable of estimating the value of the property... . The proceeding for the ascertainment of the value of the property and consequent compensation to be made ... may be prosecuted before commissioners or special boards or the courts, with or without the intervention of a jury, as the legislative power may designate. All that is required is that it shall be conducted in some fair and just manner, with opportunity to the owners of the property to present evidence as to its value, and to be heard thereon.”

   2 later decisions quote this exact passage · from the majority
   e.g. DEPT. OF AGR. & CONSUMER SERV. v. Bonanno · 466 F. Supp. 745 - Com'rs of Hwys. of Towns of Annawan v. United States

3. ““Yet from the time of its establishment that (federal) government has been in the habit of using, with the consent of the States, their officers, tribunals and institutions, as its agents. Their use has not been held violations of any principle derogating from the sovereign power of the Federal Government, but as a matter of convenience and as tending to a great saving of expense.” “The use of the Courts of the States in applying rules of naturalizations prescribed by Congress, the exercise at one time by State Justice of Peace of the power of committing magistrates for violation of Federal law, the use of State Penitentiaries for confinement of convicts under such law, are instances of the employment of state tribunals and state institutions in the execution of powers of the general government. At different times various duties have been imposed by Acts of Congress on State tribunals, they have been in vested with jurisdiction in civil suits and over complaints and prosecutions for fines, penalties and forfeitures arising under the laws of the United States and, though jurisdiction thus conferred, could not be enforced against the consents of the States, yet, when its exercise is not incompatible with State duties, and the States made no objection to it, the decisions rendered by the state tribunals have been upheld.””

   1 later decision quote this exact passage · from the majority
   e.g. Tennessee Gas Transmission Co. v. Cleveland Trust Co.