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Property Law Keyed to Singer
Almota Farmers Elevator & Warehouse v. United States
Facts
Almota Farmers Elevator & Warehouse Co. (Petitioner) conducted grain elevator operations near a railroad. The government (Respondent) instituted an eminent domain proceeding to acquire Petitioner’s property interest by condemnation. At that time, there were extensive buildings and other improvements that had been erected on the land by Petitioner, and the current lease still had over seven years on it. Respondent contends that just compensation for the property should be the fair market value of the legal rights possessed as of the date of the taking, and no consideration should be given to any additional value based on the expectation that the lease might be renewed. Petitioners urge that just compensation should be measured by what a willing buyer would pay in an open market for Petitioner’s leasehold.
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