Louisville Joint Stock Land Bank v. Radford, 295 U.S. 555 (1935), was a decision by the Supreme Court of the United States that held that the Frazier–Lemke Farm Bankruptcy Act was an unconstitutional violation of the Fifth Amendment Takings Clause because it interfered with farmers' property rights in contracts they made with the United States. This unanimous decision was one of the Court's many rulings that overturned President Roosevelt's New Deal.
Facts In 1922 and 1924, Radford and his wife mortgaged a farm to the Louisville Joint Stock Land Bank in Christian County, Kentucky, comprising 170 acres (0.69 km2), with an appraised value of at least $18,000 at that time (approximately $340,000 in 2025 dollars). Mortgages were given to secure loans totaling $9,000, to be repaid in installments over 34 years with interest at the rate of 6 per cent. In 1931 and subsequent years, the Radfords defaulted in payment of taxes. In 1932 and 1933, they defaulted in their promise to pay the installments of interest and principal. In 1933, they also defaulted in their covenant to keep the buildings insured. The Bank urged the Radfords to refinance the debt under the provisions of the Emergency Farm Mortgage Act, which they declined to do so. The Bank then declared the entire indebtedness immediately payable, and filed a suit in the circuit court for Christian county in June 1933, against the Radfords and their tenant to foreclose the mortgages. In addition, invoking a covenant in the mortgage expressly providing therefore, the bank sought to appoint a receiver to take possession and control of the premises and to collect the rents and profits. The application for the appointment of a receiver was denied and all proceedings in the suit were suspended, upon request of the Conciliation Commissioner for Christian County appointed under section 75 of the Bankruptcy Act, stating that Radford desired to avail himself of the provisions of that section. Radford filed a petition asking for an opportunity to submit a composition of his debts, in the federal court for Western Kentucky. The petition was promptly approved and a meeting of the creditors was held, but Radford failed to obtain the acceptance of the requisite majority in number and amount to the composition proposed. Then, the Bank offered to accept a deed of the mortgaged property in full satisfaction of the indebtedness to it and to assume the unpaid taxes. Radford refused to execute the deed; on June 30, 1934, the state court ordered a foreclosure sale. The Frazier–Lemke Emergency Farm Mortgage Act was passed on June 28, 1934. The act was designed to give aid to debt-ridden farmers, allowing them to reacquire farms they had lost from foreclosure, or to petition the Bankruptcy Court within their district to suspend foreclosure proceedings. The legislation's ultimate goal was to help those farmers scale down their mortgages. On August 6, 1934, and again on November 10, 1934, Radford filed amended petitions for relief thereunder. The second amended petition prayed that Radford be deemed bankrupt; that his property be appraised; and that he have the relief provided for in paragraphs 3 and 7 of subsection(s) of the Frazier–Lemke Amendment. That act provides, among other things, that a farmer who has failed to obtain the consents requisite to a composition under section 75 of the Bankruptcy Act, may, upon being adjudged a bankrupt, acquire alternative options in respect to mortgaged property:
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