Batten v. United States

1962

Venue: 10th Cir.

Facts: Noise, vibration, fumes, and smoke near an airbase in KS.

Posture: Recovery denied at trial.

Issue: Is there a taking when there's no physical invasion, but there's interference?

Holding: No. Affirmed.

Rule: There's a difference between damages and taking. This is the former.

Reasoning: The amount of harm varies with respect to the proximity to the airbase, but it's pretty bad. We feel sorry for these folks, but there's well-established precedent distinguishing takings from just damages. This just isn't a taking.

Dicta: Murrah (dissenting): Good grief, how bad does it have to get before it's a taking, and where is the line?