Pierce Butler

“ In the absence of a taking, the provision of the Fifth Amendment giving just compensation does not apply; and there is no statute applicable in this case that enlarges the constitutional right. If the former private owners had devoted their lands to the identical uses for which they were acquired by the United States or to which they probably will be put, as found by the court, they would not have become liable for the resulting diminution in value of plaintiff's property. The liability of the United States is not greater than would be that of the private users. ”

“ United States v. Lynah, 188 U.S. 445, 464, 23 S.C.t. 349, 47 L. Ed. 539; United States v. Cress, 243 U.S. 316, 329, 37 S.C.t. 380, 61 L. Ed. 746; United States v. North American Co., 253 U.S. 330, 333, 40 S.C.t. 518, 64 L. Ed. 935. ”