United States v. Causby (1940)
- Docket
- 630
- Decided
- 1940-1955-
Summary
Question: Did the flying of planes by the United States military over Causby's farm constitute a violation of the Takings Clause of the Fifth Amendment? Conclusion: Yes, to an extent. In a 5-2 opinion authored by Justice William O. Douglas, the Court concluded that the ancient common law doctrine "has no place in the modern world." Justice Douglas noted that, were the Court to accept the doctrine as valid, "every transcontinental flight would subject the operator to countless trespass suits. Common sense revolts at the idea." However, while the Court rejected the unlimited reach above and below the earth described in the common law doctrine, it also ruled that, "if the landowner is to have full enjoyment of the land, he must have exclusive control of the immediate reaches of the enveloping atmosphere." Without defining a specific limit, the Court stated that flights over the land could be considered a violation of the Takings Clause if they led to "a direct and immediate interference with the enjoyment and use of the land." Given the damage caused by the particularly low, frequent flights over his farm, the Court determined that the government had violated Causby's rights, and he was entitled to compensation. (Chief Justice Harlan Fiske Stone died on April 22; Justice Robert H. Jackson took no part in the consideration or decision in the case, leaving the court with 7 members.)