Hendler v. United States
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Hendler v. United States, 175 F.3d 1374 (Fed. Cir. 1999),[1] was a case where the Court of Appeals for the Federal Circuit found that although there was a taking, no compensation was due because the net damages were zero.
Quick Facts Hendler v. United States, Court ...
Hendler v. United States | |
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Court | United States Court of Appeals for the Federal Circuit |
Full case name | Henry Hendler, Paul Garrett and Tillie Goldring as Trustees for Henry Hendler and Irving Gronsky v. United States |
Decided | May 11, 1999 |
Citations | 175 F.3d 1374; 48 ERC 1545 |
Court membership | |
Judges sitting | S. Jay Plager, Glenn L. Archer Jr., Raymond Charles Clevenger III |
Case opinions | |
Majority | Plager, joined by a unanimous court |
Laws applied | |
U.S. Const. amend. V |
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This case is a good illustration of how there are different factors which determine the economic equivalent of the compensation due under the Fifth Amendment. This case uses both set off benefits and severance damages to help determine the amount of just compensation due to the landowner after a taking.