e of property taken, and by
subsequent act directed the erection of a fire-station house therein, it
was held that property was not thereby taken without just
compensation.[305] The Constitution does not require payment of
consequential damages to other property of the owner consisting of
separate tracts adjoining that affected by the taking.[306]
Just compensation means the full and perfect equivalent, in money, of
the property taken.[307] The owner's loss, not the taker's gain is the
measure of such compensation.[308] Where the property has a determinable
market value, that is the normal measure of recovery.[309] Market value
is "what a willing buyer would pay in cash to a willing seller."[310] It
may reflect not only the use to which the property is presently devoted
but also that to which it may be readily converted.[311] But the value
of the property to the Government for its particular use is not a
criterion.[312] In two recent cases the Court held that the owners of
cured pork[313] and black pepper[314] which was requisitioned by the
Government during the war could recover only the O.P.A. ceiling price
for those commodities, despite findings of the Court of Claims that the
replacement cost of the meat exceeded its ceiling price, and that the
pepper had a "retention value" in excess of that price. By a
five-to-four decision it ruled that the Government was not obliged to
pay the market value of a tug where such value had been enhanced as a
consequence of the Government's urgent war time needs.[315]
Consequential damages such as destruction of a business,[316] the
expense of moving fixtures and personal property from the premises, or
the loss of goodwill which inheres in the location of the land, are not
recoverable when property is taken in fee.[317] But a different
principle obtains where only a temporary occupancy is assumed. If a
portion of a long term lease is taken, damage to fixtures is allowed in
addition to the value of the occupancy, and the expenses of moving,
storage charges, and the cost of preparing the space for occupancy by
the Government are proper elements to be considered in determining the
fair rental value of the premises for the period taken.[318] These
elements are not taken into account in fixing compensation for
condemnation of leaseholds for the remainder of their term.[319] In
Kimball Laundry Co. _v._ United States,[320] the Court by a close
division held that when the United States co
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