Topic: even where the government has acquired an avigation easemen… · Go Syfert
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Topic #2463

4 canonical passages across 4 cases, quoted by 12 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Persyn v. United States.

#Case FlagCanonical passage Citers
1 Persyn v. United States Anchor
uscfc · 1995
green “even where the government has acquired an avigation easement a new taking can occur if the government increases its intrusion by flying substantially noisier planes within existing easements, or by flying at lower altitudes.” 3
2 Minehan v. United States
uscfc · 2007
green “he leniency afforded to a pro se litigant with respect to mere formalities does not relieve the burden to meet jurisdictional requirements.” 3
3 Mock v. United States
cc · 1964
green “the gravamen of an action for the taking of an easement of flight is the unreasonable interference with the use and enjoyment of the land.” 3
4 Branning v. United States
cc · 1981
green “in virtually all of the cases in which recovery has been awarded for the overflight of aircraft, the value of the land was diminished, not by the mere presence of the aircraft in the superjacent airspace, but by the attendant noise.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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