National Board of Young Men's Christian Associations v. United States/Concurrence Stewart

Court Documents
Case Syllabus
Opinion of the Court
Concurring Opinions
Stewart
Harlan
Dissenting Opinion
Black

United States Supreme Court

395 U.S. 85

The NATIONAL BOARD OF YOUNG MEN'S CHRISTIAN ASSOCIATIONS et al., Petitioners,  v.  UNITED STATES.

 Argued: March 3, 1969. --- Decided: May 19, 1969


Mr. Justice STEWART, concurring.

If United States military forces should use a building for their own purposes-as a defense bastion or command post, for example-it seems to me this would be a Fifth Amendment taking, even though the owner himself were not actually deprived of any personal use of the building. Since I do not understand the Court to hold otherwise, I join its judgment and opinion.

NotesEdit

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).