Brown v. United States
United States Court of Appeals for the Federal Circuit
73 F.3d 1100 (1996)
The Browns (plaintiffs) owned a ranch used for recreation, cattle ranching, and hunting, which they intended to improve and sell for recreational use. Beginning in 1991, the United States Air Force (defendant) used a nearby airfield for training exercises which required planes to fly lower than 500 feet above the ground. The exercises were conducted over approximately 100 acres of the Browns’ property. Though the Air Force had obtained an easement in the airspace over land adjoining the Browns’ ranch, the Browns refused to grant one over their land. In 1992, the Browns filed suit against the United States government, claiming that the training exercises constituted a taking for which they were entitled to compensation. The Browns conceded that the exercises did not affect their ranching or hunting profits, but presented expert testimony to show that the exercises had significantly diminished the resale value of the ranch for recreational use. The trial court found in favor of the United States, concluding that the Browns were not entitled to compensation because they had failed to show that the exercises constituted a substantial interference with their use and enjoyment of the surface property. The Browns appealed.
Rule of Law
Holding and Reasoning (Plager, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.