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United States v. 1.58 Acres of Land

United States District Court for the District of Massachusetts
523 F. Supp. 120 (1981)

Written by Sheryl McGrath, JD

Facts

The State of Massachusetts (state) (defendant) owned land below the low-water mark in Boston Harbor in trust for the public. The federal government initiated condemnation proceedings to take the land for a Coast Guard facility. The state argued that the government condemnation proceeding was improper because the condemnation would allow the government to destroy the public trust by transferring the land to private entities.

Rule of Law

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Issue

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Holding and Reasoning (Garrity, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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