United States v. 12.75 Acres of Land in Sullivan

ROBERT L. TAYLOR, District Judge.

This is a proceeding in the exercise by the Government of its power of eminent domain whereby was taken a tract of land on which was located a quantity of sand, the property here in litigation. Following the first trial and a partial retrial, this Court entered an award based upon the replacement value of the sand. The Court of Appeals reversed and remanded the cause *1000for a new trial on the ground that “the judgment rendered in the district court is not grounded upon a sufficient recognition of the rule that the determination of market value, where the property…