United States v. H. R. Johnson and John B. Johnson

JAMES M. CARTER, Circuit Judge.

The question presented here is whether the compensation fixed in an earlier condemnation action for a taking of use and occupancy of land for a term of years is res judicata in a subsequent condemnation proceeding for another term of years involving the same parties and the same land. We hold it is not.

The land in question is owned by ap-pellees. In 1953, the government brought an action condemning the land for a term of years beginning July 1, 1953. The term was to continue through June 30, 1954, and be extendible for subsequent yearly periods through June 30,…