Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Langford v. United States — Opinion of the Court

While Congress might be willing to subject the government to the judicial enforcement of valid contracts, which could only be valid as against the United States when made by some officer of the government acting under lawful authority, with power vested in him to make such contracts, or to do acts which implied them, the very essence of a tort is that it is an unlawful act, done in violation of the legal rights of some one.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Langford v. United States — Opinion of the Court

We are not prepared to deny that when the government of the United States, by such formal proceedings as are necessary to bind it, takes for public use, as for an arsenal, custom-house, or fort, land to which it asserts no claim of title, but admits the ownership to be private or individual, there arises an implied obligation to pay the owner its just value.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Langford v. United States — Opinion of the Court

Counsel for claimant, admitting this to be true, makes a very ingenious argument to prove that the government, in taking and using the property of an individual against his consent, and by force, cannot be guilty of a tort, because the nature of the relation of the government to its citizens, and the provisions of the Constitution, create an implied obligation to pay for property, or for the use of property, so taken.
Source: Wikisource

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