United States v. Fuller

In United States v. Fuller, 409 U.S. 488, 493, 93 S.Ct. 801, 35 L.Ed.2d 16 (1973), the government condemned 920 acres of the respondents' fee lands. 409 U.S. at 489, 93 S.Ct. 801. The respondents also held grazing permits for certain nearby lands. The permits were issued under the Taylor Grazing Act, 43 U.S.C. 315. During the condemnation proceeding, the parties disputed whether the "value accruing to the fee lands as a result of their actual or potential use in combination with the Taylor Grazing Act `permit' lands" was compensable. Fuller, 409 U.S. at 489, 93 S.Ct. 801. In addressing the question, the Supreme Court focused on the revocability of the grazing permits and the clear congressional expression in 43 U.S.C. 315b that the issuance of a permit under the Act "shall not create any right, title, interest, or estate in or to the lands." The Court noted that section 315b makes "clear the congressional intent that no compensable property be created in the permit lands themselves as a result of the permit." Id. at 494, 93 S.Ct. 801. Under these circumstances, the Court held that "the Fifth Amendment does not require the Government to pay for that element of value based on the use of respondents' fee lands in combination with the Government's permit lands." Id. at 493, 93 S.Ct. 801.