Kohl v. United States

Supreme Court of the United States · 1876 · Property

PropertyEminent DomainFederal Powereminent domainfederal sovereigntytakingsjust compensationfederalism

Facts

Congress authorized the Secretary of the Treasury to obtain a central site in Cincinnati for a building to house the United States courts, custom-house, depository, post-office, and other federal offices. A later 1872 act appropriated money for acquiring the site either by private sale or by condemnation. The United States then proceeded in federal Circuit Court to condemn parcels needed for the site. Lessees of one parcel objected both to the court's jurisdiction and to the refusal to give them a separate trial apart from the lessor on the value of their leasehold interest.

Issue

May the United States, in its own right and without depending on state consent, condemn private land within a state for federal public uses? If Congress authorizes condemnation but does not specify a procedure, does the federal Circuit Court have jurisdiction to entertain the condemnation proceeding as a suit at common law, and was the trial structure used here improper as to lessees?

Rule

The United States has the power of eminent domain as an incident of its sovereignty and may exercise it within the states whenever necessary to enjoy powers conferred by the Constitution. State consent is not a condition precedent to the exercise of that power, though it may be needed for transfer of jurisdiction or exclusive legislation after acquisition. When Congress authorizes condemnation but does not prescribe a special mode of proceeding, the power may be exercised through any competent tribunal, and a condemnation proceeding initiated in court is a suit at common law within the circuit courts' general jurisdiction when the United States sues under authority of an act of Congress. A separate trial is required only by parcel, not separately for every distinct interest holder in the same parcel.

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Congress authorizes the Secretary of War to obtain land in Norfolk, Virginia, for a naval supply depot and expressly permits acquisition by condemnation if negotiations fail. After owner Dana Mercer refuses to sell, the United States files a condemnation action. Mercer argues the national government cannot take land inside a state without relying on Virginia's eminent-domain law.

How should the court rule?

Explanation. The majority held that eminent domain is inseparable from sovereignty and that the United States may exercise it within the states so far as necessary to enjoy powers conferred by the Constitution. Federal functions such as military facilities are examples of uses for which land may be taken. The federal power does not depend on state eminent-domain law.