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Private Property Shall Not Be Taken For Public Use Without Just Compensation

B-139543-O.M. Jun 10, 1959
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The Fifth Amendment to the Constitution provides that private property shall not be taken for public use without just compensation. An implied contract to make payment therefor has been held to arise from such a taking. Where the legal liability of the United States to make just compensation for the "taking" of private property is established, we have held that we do not have jurisdiction to settle claims therefor in the nature of unliquidated damages, although such claims will be allowed only where the evidence of record enables a substantially accurate determination to be made of the amount due.


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