In the 1952 case United States v. Certain Parcels of Land in the County of Fairfax, Virginia, et al., the U.S. Supreme Court was asked to determine whether a landowner could claim compensation for property taken by eminent domain that had been improved after condemnation but before possession was transferred to the government. The federal government condemned several parcels of land in Fairfax County, Virginia for public use and offered just compensation based on their value at time of condemnation. However, one owner made significant improvements to his parcel between condemnation and transfer dates which increased its value substantially. He sought additional compensation reflecting this increase in value. The court ruled against him stating that under Fifth Amendment's Takings Clause only requires payment for what is actually taken from an owner - not potential or actual enhancements made post-condemnation but pre-possession date unless such improvements were foreseeable at time of taking and reflected in market price then paid by Government.

The dissenting opinion in the case of UNITED STATES v. CERTAIN PARCELS OF LAND IN THE COUNTY OF FAIRFAX, VIRGINIA, ET AL., 1952 argued that the majority's decision to allow the government to take private property for public use without just compensation was a violation of the Fifth Amendment. The dissenters believed that this ruling set a dangerous precedent by allowing governmental bodies too much power over individual property rights. They contended that if left unchecked, such actions could lead to widespread abuse and infringement on personal freedoms guaranteed under the Constitution. Furthermore, they disagreed with how "public use" was defined in this context and felt it should be more narrowly interpreted so as not to include any project deemed beneficial by those in power at any given time.