Mitchell v. United States

267 U.S. 341 (1925)

Facts

The President declared a large tract of land in Maryland needed for military purposes. The land was acquired under the Act of October 6, 1917 c. 79, 40 Stat. 345, 352. Of the parcels condemned were 440 acres owned by Mitchell (P). P used the land to grow corn of a special grade and quality. This type of business required special lands adapted for such growth. Because of the large nature of the military reserve being established the government took all the lands that P could reestablish his business upon. Ps were thus out of business. The government fixed compensation at $76,000 but made no allowance for the business. P sued in 1921 to recover for the value of his lost business at $100,000. The Act only authorized that land and appurtenances and improvements attached thereto could be taken.