Barnidge v. United States

101 F.2d 295 (1939)

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Barnidge v. United States

United States Court of Appeals for the Eighth Circuit
101 F.2d 295 (1939)

  • Written by Jody Stuart, JD

Facts

Under the Historic Sites Act (act), the secretary of the interior (secretary) (plaintiff) determined that certain land in St. Louis, Missouri, possessed exceptional value in commemorating the history of the United States and was a historic site. The Spanish colonial office where the first territory of the Upper Louisiana Purchase was transferred to the United States during Thomas Jefferson’s administration was located on the land. Also located on the land was the government house at which the Spanish commandant in St. Louis transferred possession of upper Louisiana to United States Army Captain Stoddard as France’s delegated representative, who then, as the agent of the United States, took formal possession of the Louisiana Purchase. The Spanish, French, and American flags were raised successively over the site within a 24-hour period. The land also included the places where the first civil government west of the Mississippi was established; the Santa Fe, the Oregon, and other trails originated; Lewis and Clark prepared for their exploration trip; and the Dred Scott case was tried. Following the secretary’s determination, the president issued an executive order directing the secretary to acquire the land to develop and preserve it for the purpose of the act. The secretary then filed a petition in federal court for condemnation of the land. The lower court approved the condemnation in eminent-domain proceedings. Barnidge (defendant), one of the landowners, appealed, alleging that the purpose for which the land was being acquired was not a public use.

Rule of Law

Issue

Holding and Reasoning (Gardner, J.)

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