The Takings Clause
Defining a Taking
United States v. Causby (1946)
328 U.S. 256 (1946)
Decision: Reversed
Vote: 5-2
Majority: Douglas, joined by Reed, Frankfurter, Murphy, and Rutledge
Dissent: Black, joined by Burton
Justice Jackson took no part in the consideration or decision of the case.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
This is a case of first impression. The problem presented is whether respondents’ property was taken within the meaning of the Fifth Amendment by frequent and regular flights of army and navy aircraft over respondents’ land at low altitudes. The Court of Claims held that there was a taking, and entered judgment for the respondent. …
Respondents own 2.8 acres near an airport outside of Greensboro, North Carolina … The use by the United States of this airport is pursuant to a lease executed in May, 1942, for a term commencing June 1, 1942 and ending June 30, 1942, with a provision for renewals until June 30, 1967, or six months after the end of the national emergency, whichever is the earlier. …
Various aircraft of the United States use this airport bombers, transports and fighters. The direction of the prevailing wind determines when a particular runway is used. The north-west-southeast runway in question is used about four per cent of the time in taking off and about seven per cent of the time in landing. Since the United States began operations in May, 1942, its four-motored heavy bombers, other planes of the heavier type, and its fighter planes have frequently passed over respondents’ land buildings in considerable numbers and rather close together. They come close enough at times to appear barely to miss the tops of the trees and at times so close to the tops of the trees as to blow the old leaves off. The noise is startling. And at night the glare from the planes brightly lights up the place. As a result of the noise, respondents had to give up their chicken business. As many as six to ten of their chickens were killed in one day by flying into the walls from fright. The total chickens lost in that manner was about 150. Production also fell off. The result was the destruction of the use of the property as a commercial chicken farm. Respondents are frequently deprived of their sleep and the family has become nervous and frightened. Although there have been no airplane accidents on respondents’ property, there have been several accidents near the airport and close to respondents’ place. These are the essential facts found by the Court of Claims. On the basis of these facts, it found that respondents’ property had depreciated in value. It held that the United States had taken an easement over the property on June 1, 1942, and that the value of the property destroyed and the easement taken was $2,000 [this is $38,000 in 2023 dollars] …
Under those statutes [Air Commerce Act 1926 & Civil Aeronautics Act 1938] the United States has ‘complete and exclusive national sovereignty in the air space’ over this c