Nunnally v. United States’s Empirical Analysis
239 F.2d 521 · 1956
Citation profile
8 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 20 later decisions — most recently November 1993
8 federal appellate · 5 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on United States v. Causby · Transportation Company v. Chicago · Richards v. Washington Terminal Co. · Bedford v. United States · Portsmouth Harbor Land & Hotel Co. v. United States
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule, that 'acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not be a taking within the meaning of the constitutional provision', was stated by the Supreme Court in Transportation Co. v. Chicago, 99 U.S. 635 , 25 L.Ed. 336. It has been restated in similar terms many times since, e. g. 'The Constitution provides that private property shall not be taken without just compensation, but a distinction has been made between damage and taking, and that distinction must be observed in applying the constitutional provision.' Bedford v. United States, 192 U.S. 217 , 224, 24 S.Ct. 238, 240, 48 L.Ed. 414.”
1 later decision quote this exact passage · from the majority“If it should be held that the facts in the present case constitute a taking, any reduction in the value of property attributable to a federal activity might be urged as a valid claim against the United States. The distinction between a “damage” and a “taking”, so carefully preserved by the courts would be obliterated____ [T]here has not yet been a taking of the plaintiffs’ property, or of any interest therein, within the meaning of the Fifth Amendment.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.