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military necessity

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 287 U.S. 378 - Sterling v. Constantin · 1932Most cited · 760 citing opinions

The danger must be immediate and impending; or the necessity urgent for the public service, such as will not admit of delay, and where the action of the civil authority would be too late in providing the means which the occasion calls for. Every case must depend on its own circumstances. It is the emergency that gives the right, and the emergency must be shown to exist before the taking can be justified.