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Property Keyed to French
United States v. Fuller
Facts
Fuller (Defendant) operated a large cattle ranch in Arizona. Defendant owned 1,280 acres of the ranchland in fee simple (fee land). The remaining 43,488 acres lay on state and federal land. Defendant used the federal land with a permit issued under the Taylor Grazing Act. Permits issued under the Taylor Grazing Act can be revoked by the government at any time, and do not create any interest or estate in the lands. The United States (Plaintiff) condemned 920 acres of Defendant’s fee land. Defendant challenged Plaintiff’ determination of just compensation for the fee land, and the matter went to a jury. The parties disagreed on the method of valuation: Defendant claimed that the jury could consider the additional value of the fee land that resulted from its potential to be used together with the Taylor Grazing Act permit land, while Plaintiff claimed that it could not. The trial court agreed with Defendant, and the jury considered the additional value in determining the amount of just compensation. Plaintiff appealed, and the Ninth Circuit affirmed the trial court’s judgment. Plaintiff then appealed to the Supreme Court.
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