United States v. 62.17 Acres of Land, More or Less, Situate in Jasper County, Texas, Etc.

GOLDBERG, Circuit Judge:

The Government here pursues an appeal from a judgment based upon a jury determination of value in this action to condemn a sixty-two acre tract along the perimeter of the Sam Rayburn Dam and Reservoir in Jasper County, Texas. At issue is whether the trial judge properly found the landowner entitled to compensation for the value which had accrued by the time of the taking to this perimeter acreage because of its proximity to the project. Two possible bases support the inclusion of this element. First, the Government owes such compensation if, on its prior acquisition of…