Kirby Forest Industries, Inc. v. United States’s Empirical Analysis
1984
Citation profile
116 federal appellate · 41 district · 222 state decisions
How this case has been cited
Cited by 770 later decisions (12 by the Supreme Court) — most recently June 2026 · most notably First English Evangelical Lutheran Church v. County of Los Angeles (1987), City of Monterey v. Del Monte Dunes at Monterey, Ltd. (1999)
116 federal appellate · 41 district · 222 state decisions — followed in 36 states
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.
Appellate journey
reviewedthe decision below (from Fifth Circuit Court of Appeals)
Relationships
Applies 16 U.S.C. § 404C · 16 U.S.C. § 698 · 16 U.S.C. § 79C · 33 U.S.C. § 702A · 40 U.S.C. § 3113 · 40 U.S.C. § 3114 (Declaration of Taking Act) · 42 U.S.C. § 4601 (Uniform Relocation Act)
Relies on Penn Central Transportation Co. v. New York City · Village of Euclid Ohio v. Ambler Realty Co · Pennsylvania Coal Co. v. Mahon · United States v. Miller · Agins v. City of Tiburon
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 770 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“incident to otherwise legitimate government action.”
13 later decisions quote this exact passage · from the majority““Just compensation,” we have held, means in most cases the fair market value of the property on the date it is appropriated. United States v. 564.54 Acres of Land, 441 U.S. 506 , 511-513 [ 99 S.Ct. 1854 , 1857-1858, 60 L.Ed.2d 435 ] (1979). 14”
8 later decisions quote this exact passage · from the majority“[I]mpairment of the market value of real property incident to otherwise legitimate government action ordinarily does not result in a taking. At least in the absence of an interference with an owner's legal right to dispose of his land, even a substantial reduction of the attractiveness of the property to potential purchasers does not entitle the owner to compensation under the Fifth Amendment.”
7 later decisions 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.