Remedies

Front 1

US. v. Hatahley (1958) – Indians grazing on public lands and have horses taken

Back 1

(a) Ideal first day case. Although it shows that damages must be specific (not based on speculation), and calculated individually (laylock position), the case goes to show that there are plenty of cases where damages cannot be calculated in a real way but we go ahead anyway.

(b) We then went on to discuss the appropriate remedy where there is settlement with one def. and not another and the defendants are joint and severally liable. Historically it was pro tanto (Dollar for dollar credit), but another case would be proportionate.

Front 2

US v. 50 Acres of Land - Eminent Domain Landfill Case

Back 2

(a) Although the case says that “Just Compensation” (5th amen) is market value (if available) as opposed to substitution value, Kull shows that this really is not true, as we would give substitution value if there was no windfall and the def. was a private citizen. The real issue concerns differences in rights of property owners. Ownership does not include exclusivity against the Gov.

(b) However, that still does not explain why we rule against the plaintiff here b/c is it Public v. Public.

(c) Furthermore we discussed the principle of awarding the lesser value and the learned hand formulation (lesser of repair or value where value is the least of the market measure, cost to replace, or capital income.)