Name: United States v. Cors — Dissent
Author: Felix Frankfurter

Quotes from United States v. Cors — Dissent (Felix Frankfurter)

Felix Frankfurter, United States v. Cors — Dissent

“ Even assuming that there may be other circumstances than those of gambling on the result o an award in which a connection between the taker's intervention in the market and an enhancement of price might be traced, on this record it would be asking for the impossible to insist on an attempt to trace one. The Government has advanced no basis for the undertaking; it points to no evidence already offered which would justify it and suggests none that it might have offered. Under the circumstances, we should not require the Court of Claims to embark upon so murky a sea of speculation. ”

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Source: Wikisource

Felix Frankfurter, United States v. Cors — Dissent

“ If what I have said appeals to common sense, market values which have been increased as the result of the interaction of supply and demand in a wartime economy cannot be rejected as the applicable measure of just compensation merely because the competition of the Government, regarded from the point of view of an exercise in tracing ultimate causes, may theoretically be deemed to have contributed to the increase. ”

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Source: Wikisource

Felix Frankfurter, United States v. Cors — Dissent

“ When any such property or the use thereof is so requisitioned, the owner thereof shall be paid just compensation for the property taken or for the use of such property, but in no case shall the value of the property taken or used be deemed enhanced by the causes necessitating the taking or use. ”

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Source: Wikisource

Felix Frankfurter, United States v. Cors — Dissent

“ Notes
↑ 'Whenever the President shall proclaim that the security of the national defense makes it advisable or during any national emergency declared by proclamation of the President, it shall be lawful for the Commission to requisition or purchase any vessel or other watercraft owned by citizens of the United States, or under construction within the United States, or for any period during such emergency, to requisition or charter the use of any such property. The termination of any emergency so declared shall be announced by a further proclamation by the President. ”

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Source: Wikisource

Felix Frankfurter, United States v. Cors — Dissent

“ Unlike an increase due to speculation by buyers of tugs that awards for requisitioned tugs would exceed the price likely to be paid by commercial operators purchasing tugs for their own use, an increase due to shortage would affect the price to any purchaser and enhance value to any owner even though no further requisitions were anticipated and even though none were made. ”

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Source: Wikisource

Felix Frankfurter, United States v. Cors — Dissent

“ As to such property there may be speculative increase in value because of the dual expectation that some members of the class will be taken and that the taker may be forced to pay, when the time comes for the award of compensation, something more than what would have been market value had not speculation occurred. ”

Felix Frankfurter

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Quotes from United States v. Cors — Dissent (Felix Frankfurter)

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Felix Frankfurter

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Quotes from United States v. Cors — Dissent (Felix Frankfurter)

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