Russian Volunteer Fleet v. United States, 282 U.S. 481 (1931). · Go Syfert
Russian Volunteer Fleet v. United States, 282 U.S. 481 (1931). Cases Citing This Book View Copy Cite
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The Takings Clause of the Fifth Amendment protects the property of non-resident aliens located within the United States from unlawful government seizure.

A Russian corporation sued to recover just compensation after the United States requisitioned contracts for the construction of two vessels. The Court of Claims dismissed the petition for lack of jurisdiction, reasoning that the United States had not recognized the Soviet government and therefore section 155 of the Judicial Code barred the suit. The Supreme Court holds that non-resident aliens are entitled to the protection of the Fifth Amendment's prohibition on unlawful takings. Because the petitioner was an alien friend, the lack of recognition of its home regime does not defeat its right to compensation under the Act of June 15, 1917.

453 citation events (127 in the last 25 years) across 36 distinct courts.
Treatment trajectory · 1931 → 2026 · click a year to view as-of
1931 1978 2026
Cited for
At page 489 Foreign corporation entitlement to just compensation under Fifth Amendment17 citing casesholding that a Russian corporation whose property was taken by the United States was "an alien friend," and hence deserved protection under the Fifth Amendment's Takings Clause6 citing courts put it this way · 14 listed here
  • Massimiliano Cali v. Donald Trump, No. 26-5172 (D.C. Cir. June 15, 2026).published 2 cites
    Cf. Russian Volunteer Fleet, 282 U.S. at 487-89 (“alien friend” in Russia may challenge alleged taking of its United States property).
  • Gasic v. Marquette Mgmt., Inc., 2019 IL App (3d) 170756, 146 N.E.3d 10.published
    Much like natural persons, courts have also held that corporations enjoy a fourth amendment right against unreasonable searches (see Marshall v. Barlow’s, Inc., 436 U.S. 307, 325 (1978)) and a limited right to privacy (see United States v.…
  • Arkan Ali v. Donald Rumsfeld, 649 F.3d 762 (D.C. Cir. 2011).published 2 cites
    (foreign corporation doing business in America entitled to just compensation under Fifth Amendment for property taken by U.S. government)
  • Natl Cncl Resistance v. DOS, 251 F.3d 192 (D.C. Cir. 2001).published 2 cites
    (holding that a Russian corporation whose property was taken by the United States was "an alien friend," and hence deserved protection under the Fifth Amendment's Takings Clause)
  • Nat'l Council of Resistance of Iran v. Dep't of State, 251 F.3d 192 (D.C. Cir. 2001).published
    (holding that a Russian corporation whose property was taken by the United States was “an alien friend,” and hence deserved protection under the Fifth Amendment’s Takings Clause)
  • Jean v. Nelson, 727 F.2d 957 (11th Cir. 1984).published 2 cites
    Russian Volunteer Fleet v. United States, 282 U.S. 481, 489, 491-92 , 51 S.Ct. 229, 232 , 75 L.Ed. 473 (1931). 42 These authorities, however, do not mandate the conclusion that excludable aliens such as the Haitian plaintiffs can claim equ…
  • Presidential Auth. to Settle the Iranian Crisis (OLC 1980).published
    And this obligation was to pay to the petitioner 9A foreign nation, how ever, unlike a foreign national, does not have rights under the Fifth Amendm ent. 260 the equivalent of the full value of the property contempo­ raneously with the tak…
  • Pfizer, Inc. v. Lord, 522 F.2d 612 (8th Cir. 1975).published
    In Russian Volunteer Fleet v. United States, 282 U.S. 481, 489, 491-492 , 51 S.Ct. 229 , 75 L.Ed. 473 (1931), the Court squarely held that an alien friend is entitled to the protection of the Fifth Amendment’s prohibition of taking without…
  • Pfizer, Inc. v. Honorable Miles W. Lord, United States Dist. Judge, & the Repub. of Vietnam, Pfizer, Inc., Am. Cyanamid Co., Bristol-Myers Co., Squibb Corp., Olin Corp. & the Upjohn Co. v. The Repub. of Vietnam, Pfizer, Inc. v. The Honorable Miles W. Lord, United States Dist. Judge, & the Gov't of India, 522 F.2d 612 (8th Cir. 1975).published
    In Russian Volunteer Fleet v. United States, 282 U.S. 481, 489, 491-492 , 51 S.Ct. 229 , 75 L.Ed. 473 (1931), the Court squarely held that an alien friend is entitled to the protection of the Fifth Amendment's prohibition of taking without…
  • Shames v. State of Nebraska, 323 F. Supp. 1321 (D. Neb. 1971).published 2 cites
    In Russian Volunteer Fleet v. United States, 282 U.S. 481, 489, 491-492 , 51 S.Ct. 229 , 75 L.Ed. 473 (1931), the Court squarely held that an alien friend is entitled to the protection of the Fifth Amendment’s prohibition of taking without…
Show 4 more citing cases
  • Juan Rigores Sardino v. The Fed. Reserve Bank of New York & the Sec'y of the Treasury of the United States, 361 F.2d 106 (2d Cir. 1966).published
    In Russian Volunteer Fleet v. United States, 282 U.S. 481, 489, 491-492 , 51 S.Ct. 229 , 75 L.Ed. 473 (1931), the Court squarely held that an alien friend is entitled to the protection of the Fifth Amendment’s prohibition of taking without…
  • Burnet v. Brooks, 288 U.S. 378 (1933).published
    Russian Volunteer Fleet v. United States, 282 U. S. 481, 489; Nichols v. Coolidge, 274 U. S. 531, 542 ; Heiner v. Donnan, 285 U. S. 312, 326 .
  • L.C. v. Trump, No. 2026-0688 (D.D.C. May 13, 2026).published
    (foreign corporation with property in the United States was protected by Fifth Amendment)
  • United States v. McIntosh, 2 F. Supp. 244 (E.D. Va. 1932).published 3 cites
    See Russian Volunteer Fleet v. United States, 282 U. S. 481, 489, 490 , 51 S. Ct. 229 , 75 L.
At page 491 Interpreting congressional acts harmonizing with constitutional purpose14 citing casesapplying Fifth Amendment Takings 6 Clause protections to “alien friends3 citing courts put it this way · 13 listed here
  • Sala, No. 2:26-cv-02732 (D. Ariz. Aug. 14, 2026).
    (applying Fifth Amendment Takings 6 Clause protections to “alien friends)
  • Wang, No. 2:26-cv-02909 (D. Ariz. Aug. 14, 2026).
    (applying Fifth Amendment Takings 8 Clause protections to “alien friends)
  • Hugo, No. 2:26-cv-03869 (D. Ariz. Aug. 14, 2026).
    (applying Fifth Amendment Takings 10 Clause protections to “alien friends)
  • Jimmy Davis, Jr. v. Comm'r, Alabama DOC, 167 F.4th 1144 (11th Cir. 2026).published 2 cites
    (Acts of Congress are to be construed and applied in harmony with and not to thwart the purpose of the Constitution.” (quoting Phelps v. United States, 274 U.S. 341, 344 (1927)))
  • Natl Cncl Resistance v. DOS, 251 F.3d 192 (D.C. Cir. 2001).published 2 cites
    See, e.g., Kwong Hai Chew v. Colding, 344 U.S. at 596 (holding that an alien who permanently resided in the United States was "a person within the protection of the Fifth Amendment" and therefore was entitled to due process); Bridges v. Wi…
  • Jean v. Nelson, 472 U.S. 846 (1985).published 2 cites
    The corporation in that case certainly had no more claim to being “within the United States” than do the aliens detained at Ellis Island: Nonetheless, the Court broadly stated that “[a] s alien friends are embraced within the terms of the…
  • Mitchell v. United States, 229 Ct. Cl. 1 (Ct. Cl. 1981).published
    Russian Volunteer Fleet v. United States, 282 U.S. 481, 491 (1931).
  • Erika, Inc. v. United States, 225 Ct. Cl. 252 (Ct. Cl. 1980).published
    Russian Volunteer Fleet v. United States, 282 U.S. 481, 491 (1931).
  • Atkins v. United States, 214 Ct. Cl. 186 (Ct. Cl. 1977).published
    To the same effect, in a case closer to us see Russian Volunteer Fleet v. United States, 282 U.S. 481, 491 (1931).
  • Moscow Fire Ins. Co. of Moscow, Russia v. Bank of New York & Trust Co., 161 Misc. 903 (N.Y. Sup. Ct. 1937).published
    In Russian Volunteer Fleet v. United States ( 282 U. S. 481, 491, 492 ), Chief Justice Hughes declared the principle: “As alien friends are embraced within the terms of the Fifth Amendment it cannot be said that their property is subject t…
Show 3 more citing cases
  • Deutsche Bank Und Disconto-Gesellschaft v. Cummings, 83 F.2d 554 (D.C. Cir. 1936).published
    Its former status as an alien enemy was changed by the terms of the Treaty of Berlin, and to paraphrase the language used by Chief Justice Hughes in Russian Fleet v. United States, 282 U.S. 481, 491, 492 , 51 S.Ct. 229, 232 , 75 L.Ed. 473…
  • United States v. Bank of New York & Trust Co., 10 F. Supp. 269 (S.D.N.Y. 1934).published
    Russian Volunteer Fleet v. U. S., 282 U. S. 481, 491, 492 , 51 S. Ct. 229 , 75 L.
  • Huerta v. United States, 212 Ct. Cl. 473 (Ct. Cl. 1977).published
    See Russian Volunteer Fleet v. United States, 282 U.S. 481, 491-92 (1931).
[N]on-resident aliens are entitled to the protection of the Fifth Amendment’s prohibition on unlawful takingsno pin page on record · 3 citing cases listed
At page 488 discussing a letter from the Secretary of State (1) recognizing the Provisional Government of Russia, which was overthrown in 1917, and (22 citing cases1 citing court put it this way
  • Trapote v. Bolivarian Repub. of Venezuela, No. 2023-2118 (D.D.C. Aug. 5, 2025).published
    (discussing a letter from the Secretary of State (1) recognizing the Provisional Government of Russia, which was overthrown in 1917, and (2)
  • Ashkir v. United States, 46 Fed. Cl. 438 (Fed. Cl. 2000).published 6 cites
    (indicating that this statutory requirement was met despite the overthrow of the Provisional Russian Government in 1917 and the failure of the United States to have then recognized the Union of Soviet Socialist Republics)
At page 492 “a s alien friends are embraced within the terms of the fifth amendment, it cannot be said that their property is subject to confiscation here because the property of our citizens may be confiscated in the alien's country.”1 citing case1 citing court quotes it
  • Paktin Constr. Co. v. United States, No. 19-1817 (Fed. Cl. Apr. 19, 2021).published
    (As alien friends are embraced within the terms of the Fifth Amendment, it cannot be said that their property is subject to confiscation here because the property of our citizens may be confiscated in the alien’s countr…)
51 S. Ct. at 271 cited at this page1 citing case
  • Doe v. United States, 95 Fed. Cl. 546 (Fed. Cl. 2010).published
    The Court held that Mr. Verdugo-Urqui-dez “had no previous significant voluntary connection with the United States.” Id. at 271, 110 S.Ct. 1056 .
At page 487 alien friend” in Russia may challenge alleged taking of its United States property1 citing case1 citing court put it this way
  • Massimiliano Cali v. Donald Trump, No. 26-5172 (D.C. Cir. June 15, 2026).published 2 cites
    (alien friend” in Russia may challenge alleged taking of its United States property)
Quoted next to this citation, but not language from this opinion
“non-resident aliens are entitled to the protection of the fifth amendment's prohibition on unlawful takings”quoted beside the cite; not in this opinion · 3 citing cases listed
Other citing cases13 with no pin cite or quoted language on record
Show 3 more citing cases
Retrieving the full opinion text from the archive…
Russian Volunteer Fleet
v.
United States
39.
Supreme Court of the United States.
Feb 24, 1931.
Published opinion
282 U.S. 481
1931 U.S. LEXIS 21
Mr. William L. Rawls, with whom Messrs. Charles Recht, Horace S. Whitman, William L.Marbury, Jr., and Osmond K. Fraenkel were on the brief, for petitioner., Mr. Claude R. Branch, Special Assistant to the Attorney General, with whom Solicitor General Thacker, Assistant Attorney General Rugg and Messrs. Percy M. Cox, Erwin N. Griswold, H. Brian Holland, Green H. Hackworth, Solicitor, Department of State, and Francis M. A,nderson, Assistant Solicitor, were on the brief, for the United States.
Hughes.
Cited by 151 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 92%
Citer courts: Federal Claims (8)
[*486] Mr. Chief Justice Hughes

delivered the opinion, of the Court.

The petitioner brought this, suit against the United' States in the Court of Claims to recover just compensation for the requisitioning by the United States Shipping Board Emergency Fleet Corporation, under authority[*487] delegated to it by the President, of contracts for the construction of two vessels. The Court of Claims dismissed the petition for the want of jurisdiction. 68 Ct. Cls. 32. This Court granted a writ of certiorari. 281 U. S. 711.

The petition, filed in October, 1924, alleged that the petitioner “ is a corporation duly organized under, and by virtue of, the Laws of Russia ”; that in January, 1917, the petitioner became the assignee for value of certain contracts for the construction of two vessels by the Standard Shipbuilding Corporation of New York; that in August, 1917, the United States Shipping Board Emergency Fleet Corporation, acting under the authority conferred by the' Act of June 15, 1917 (c. 29, 40 Stat. 183) and by the Executive Order of the President of the United States made on July 11, 1917, requisitioned these contracts, and the vessels being constructed thereunder, for the use Of the United States; that the United States thereby became liable to the petitioner for the payment of just compensation; that in August, 1919, the petitioner .submitted its affidavit of claim, and vouchers in support; that in March, 1920, the United States Shipping Board Emergency Fleet Corporation fixed the just compensation of the petitioner at a total amount of $1,412,532.35; that the value of the contracts taken from the petitioner was $4,000,000, to-which the petitioner was entitled after allowing all proper credits and offsets; and that “ citizens of the United States are and at the time of and since the commencement of this suit have been accorded the right to prosecute claims against the Russian Government in the Court of that Government.”

In May, 1927, the petitioner filed motions to issue commissions to take testimony in Germany and France; the defendant objected, and the motions were overruled. The petitioner then gave notice of the taking of testimony in Washington, D. C., whereupon the defendant moved to quash the notice upon the ground that the[*488] Court was without jurisdiction of the subject matter of the proceeding. On the submission of that motion, the petition was dismissed. The Court of Claims held that, as the United States Government had not recognized the Union of Soviet Socialist Republics in Russia, the petitioner was not entitled to maintain its suit in view of section 155 of the Judicial Code (U. S. C., Tit. 28; § 261). That section is as follows: “Sec. 155. Aliens who are citizens or subjects of any government which accords to citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by réason of their subject matter and character, might take jurisdiction.” The court said that the reference to citizens or subjects of “ any government ” meant such governments as were recognized by the proper authorities of the United States.

The Government in its argument here, while submitting the case on the opinion of the Court of Claims and not confessing error, presents the view that section 155 of the Judicial Code does not apply to this suit, which was brought under the provisions of the Act of June 15, 1917. With respect to the matter of recognition, the Government appends to its brief a letter of the Secretary of State of the United States, under date of December 5, 1930, stating that “ the Provisional Government of Russia, the successor of the Imperial Government of Russia, was recognized by the Government of the United States on March 22, 1917”; that, “according to the Department’s information, the Provisional Government of Russia was overthrown by an armed uprising which took place in the early part of November, 1917,” and that “ the Government of the United. States has not extended recognition to any regime established in Russia subsequent to the overthrow of the Provisional Government.”

[*489] As the facts alleged in the petition were admitted by the motion to dismiss, the allegation that the petitioner is a corporation duly organized under the laws'of Russia stands unchallenged on the record. There was nó legis? lation which prevented it from acquiring and holding the. property in question. The petitioner was an alien friend, and as such was entitled to the protection of the Fifth; Amendment of the Federal Constitution. Wong Wing v. United States, 163 U. S. 228, 238; compare Yick Wo v. Hopkins, 118 U. S. 356, 369; Santa Clara County v. Southern Pacific R. Co., 118 U. S. 394, 396; Truax v. Raich, 239 U. S. 33, 39; Terrace v. Thompson, 263 U. S. 197, 216; Home Insurance Co. v. Dick, 281 U. S. 397, 411. Exerting by its authorized agent the power of eminent domain in taking the petitioner’s property, the United States became bound to pay just compensation. United States v. Great Falls Mfg. Co., 112 U. S. 645, 656; United States v. North American Co., 253 U. S. 330, 333; Campbell v. United States, 266 U. S. 368, 370, 371; Phelps v. United States, 274 U. S. 341, 343, 344; International Paper Co. v. United States, ante, p. 399. And this obligation was to pay to the petitioner the equivalent of the full value of the property contemporaneously with the taking. Phelps v. United States, supra; Brooks-Scanlon Corp. v. United States, 265 U. S. 106, 123.

The Congress recognized this duty in authorizing the expropriation. The Act of June 15, 1917, under which the requisition was made, provided for the payment of just compensation. The Congress did not attempt to give to any officer or administrative tribunal the final authority to determine the amount of such compensation [1] , and recovery by suit against the United States was[*490] made an integral' part of the legislative plan of fulfilling the constitutional requirement. The Act provided as follows: “Whenever the United States shall . . . requisition any contract, . . . requisition, acquire or take over . . . any ship, ... in accordance with the provisions hereof, it shall make just compensation therefor, to be determined by the President; and if the amount thereof, so determined by the President, is unsatisfactory to the person entitled to receive the same, such person shall be paid seventy-five per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code.” Section 24, paragraph 20, of the Judicial Code, U. S. C., Tit. 28, § 41, subd. (20), gives jurisdiction to the District Courts of the United States, concurrent with the Court of Claims, of claims against the United States not,exceeding $10,000, founded upon the Constitution, or any law of Congress, or upon any contract, express or implied, with the Government of the United States, when the claimant would be entitled to redress against the United States in a court of law, equity, or admiralty, if the United States were suable. The case of an alien friend is not excepted. Section 145 of the Judicial Code (U.- S. C., Tit. 28, § 250) gives to the Court of Claims jurisdiction of suits on similar claims against the United States without limit of amount. The authority eon-[*491] ferred upon the President by the Act of June 15, 1917, was exercised by him through the United States Shipping Board Emergency Fleet Corporation, and as the compensation fixed by that Corporation was not satisfactory to the petitioner, it became entitled under, the express terms of the Act to bring suit against the United States to recover the amount justly payable by reason of the requisition.

The Act of June 15, 1917, makes no reference to section 155 of the Judicial Code with respect to alien suitors, and the question is whether that provision should1 be implied as establishing a condition precedent and the recovery thus be defeated. It is at once apparent that1 such an implication would lead to anomalous results. It would mean that, although the United States had actually taken possession of the property and was enjoying the advantages of its use, and the alien owner was unquestionably entitled to compensation at the time of the taking, it was the intention of the Congress that recovery should be denied, or at least be indefinitely postponed until the Congress made some other provision for the determination of the amount payable, if it appeared that citizens of the United States were not entitled to proseeute claims against the government of the alien’s country in its courts, or that the United States did not recognize the regime which was functioning in that country.

We find no warrant for imputing to the Congress such an intention. “Acts of Congress are to be construed and applied in harmony with and not to thwart the purpose of the Constitution.” Phelps v. United States, supra. The Fifth Amendment gives to each owner of property his individual right. The constitutional right of owner A to compensation when his property is taken is irrespective of what may be done somewhere else with the property-of owner B. As alien friends are embraced within[*492] the terms of the Fifth Amendment, it cannot be said that their property is subject to confiscation here because the property of our citizens may be confiscated in the alien’s country. The provision that private property shall not be taken for public use without just compensation establishes a standard for our Government which the Constitution does not make dependent' upon the standards of other governments. The Act of Congress should be interpreted in the light of its manifest purpose to give effect to the constitutional guaranty.

Nor do we regard it as an admissible construction of the Act of June 15, 1917, to hold that the Congress intended that the right of an alien friend to recover just compensation should be defeated or postponed because of the lack of recognition by the Government of the United States of the regime in his country. A fortiori, as the right to compensation for which the Act provided sprang into existence at the time of the taking, there is no ground for saying that the statute was not to apply, if at a later date, and before compensation was actually made, there should be a revolution in the country of the owner and the ensuing regime should not.be recognized. The question as presented here is not one of a claim advanced by or on behalf of a foreign government or regime, but is simply one of compensating an owner of property taken by the United States.

The Act of June 15, 1917, if read .according to its, terms, )resents no difficulty. A condition should not be implied vhich, to say the least, would raise, a grave question as o the constitutional validity of the Act. Federal Trade Comm. v. American Tobacco Co., 264 U. S. 298, 307; Missouri Pacific R. Co. v. Boone, 270 U. S. 466, 471, 472; Blodgett v. Holden, 275 U. S. 142, 148; Richmond Screw Anchor Co. v. United States, 275 U. S. 331, 346; Lucas v. Alexander, 279 U. S. 573, 577.

Judgment reversed.