United States Vs. Causby
In 1934 Lee Causby and his wife Tinie moved to a 2.8 acre plot of land just outside of Greensboro, North Carolina. Knowingly, they purchased the land, which was located only one-third of a mile from a municipal airport and began to raise chickens as a means of income. All was well until the spring of 1942 when the United States Army began to fly four-engine bombers over the property during all hours of the day and night. Due to the constant clamor numerous problems arose on the farmstead and as a result Lee and Tinie filed suit against the United States Army for the "taking" of property defined under the Fifth Amendment. The Greensboro-Highpoint Municipal Airport was first established in 1928 eight miles from Greensboro, North Carolina. The airport was first commissioned to allow the take off and landing of small commercial flights and crop spraying planes. For approximately a decade and a half the Causby family, their chicken farm and the airport lived in harmony. This harmony was broken in April of 1942 when a lease was negotiated between the airport and the United State Army over the employment of the airport from May until June 1st of 1942. The lease also included provisions for renewal that would have lasted until 19
Mr. Justice Black also pointed out that in order to give compensation to the respondent that the Supreme Court would have to declare the Civil Aeronautics Authority's decision as unconstitutional. It was said that the CAA would not put people into harm's way by not also regulating the take off and landing of any aircraft. This would have to be understood that the excess noise caused by the planes in these stages of flight would have to be tolerated according to the law. Black also said the CAA would carry all authority in this case since Congress had given such authority. Therefore by reversing the decision, the court would be interfering with Congress's decision and law making powers. Mr. Justice Black wrote the dissenting opinion in this case and was agreed with by Mr. Justice Burton and Mr. Justice Madden. Mr. Justice Madden separated on the idea that although the noise frighten both the animals and people, they must get over it in order to allow technology to advance further. Also he pointed out that although noise and light was a problem, it is in the name of advancement that the Causbys should comply with it. Mr. Justice Black felt sympathy towards the United States in this manner by stating that flying regularly over the respondent's property that it did not constitute a "taking." However, both Justices Black and Douglas agreed on one point. Technically, a landowner would own as much property above and below ground as they owned. Yet it was agreed that this would be unrealistic because it would hinder transportation both in the air and below ground. The Supreme Court rendered their decision on May 27, 1946 in favor of the r
Some common words found in the essay are:
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Approximate Word count = 1117
Approximate Pages = 4 (250 words per page double spaced)
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