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United States v. 93.970 Acres of Land, 360 U.S. 328 (1959)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. 93.970 Acres of Land, 360 U.S. 328 (1959)
United States v. 93.970 Acres of Land No. 573 Argued May 21, 1959 Decided June 22, 1959 360 U.S. 328
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
Under a statute authorizing the Secretary of the Navy to lease naval lands under revocable leases, he leased a naval airfield in Illinois to a private operator. The lease contained a preamble stating that it was considered essential to retain the field in a stand-by status for use "in connection with Naval Aviation activities" and a substantive provision that "this lease will at all times be revocable at will by the Government" upon giving certain notice. Subsequently, the Army desired to use the land for an aerial defense missile site, and the Secretaries of the Army and Navy jointly served notice of revocation on the lessee. The lessee declined to leave the land, claiming that the lease could be revoked only when the land was needed for "Naval Aviation activities." In order to obtain possession as soon as possible, the Government sued to condemn whatever possessory interest the lessee might be adjudicated to have; but the Government maintained that it had validly revoked the lease.
Held:
1. The Government’s right to revoke the lease was not restricted to occasions when it desired to use the land for aviation purposes, and the revocation was valid and effective. Pp. 331-332.
2. The doctrine of "election of remedies" did not require the Government to abandon its right to revoke the lease in order to exercise its right to obtain immediate possession under the condemnation law. P. 332.
3. Since essential interests of the Federal Government are here involved and Congress has not made state law applicable, federal law governs, even if the doctrine of election of remedies is a part of the law of Illinois. Pp. 332-333.
258 F.2d 17, reversed.
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Chicago:
U.S. Supreme Court, "Syllabus," United States v. 93.970 Acres of Land, 360 U.S. 328 (1959) in 360 U.S. 328 360 U.S. 329. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=J7T7B2ASVVVIMHZ.
MLA:
U.S. Supreme Court. "Syllabus." United States v. 93.970 Acres of Land, 360 U.S. 328 (1959), in 360 U.S. 328, page 360 U.S. 329. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=J7T7B2ASVVVIMHZ.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. 93.970 Acres of Land, 360 U.S. 328 (1959). cited in 1959, 360 U.S. 328, pp.360 U.S. 329. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=J7T7B2ASVVVIMHZ.
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