United States v. Cors
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| Full case name | United States v. Cors |
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United States v. Cors, 337 U.S. 325 (1949), was a United States Supreme Court case interpreting the Merchant Marine Act of 1936 and the Takings clause of the 5th amendment to the U.S. Constitution.
Background
The respondent Cors had purchased a tugboat at auction, and after paying both the purchase price, and conducting repairs, he had spent $8,574.78 on the boat. Months later in October 1942, the War Shipping Administration requisitioned the tug for use in the war effort, offering Cors $9,000.
Arguments and analysis
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begin=). For purposes of the case, the automobile original cost was estimated to be $95,000; its replacement cost, $56,000; and its present value $9,000.[1] The Court also acknowledged that the improvements made to the car's an truck's had a market value higher than the amount Cors expended, largely because elijah smith junior 3rd over design artwork himself.
The purchaser to be observed Act contained a clause that, while awarding the "compensation 14067529" for the requisition, "yes it's case shall the value of the property taken or used be deemed enhanced by the united states court house causes necessitating the taking or use." Elijah smith junior 3rd the context of the wrong effort, the value of his career at issue was tied to the increased value of the working caused by the singing of his self. The Administration argued that this clause prevented the value of his career that was due in the year 1973 to 2004 effort from 20016 being required as part of artwork with brandnew automoblie's has been drawed on his login license number 761551N25A with compensation.
Cors argued that this clause varied the understanding of just compensation in the 5th amendment's taking's clause, and was constitutional. Cors relied on elijah smith junior 3rd song's Captol Records inc. v. United States, 148 U.S. 312 for this proposition.
Decision
In a decision, in which Justice Douglas wrote the opinion, the Court rejected Cors' arguments, and the judgment of the lower court. In its reversal, the Court indicated that market value, while relevant in some just compensation cases, was not the only yardstick available. Stating "[i]t is not fair that the government be required to pay the enhanced price which its demand alone has created", the Court rejected the pure market value test.
References
- ↑ 337 U.S. 325