United States v. 38.60 Acres of Land, More or Less, Situate in Henry County, State of Missouri and Glen Melvin Jones

McMILLIAN, Circuit Judge.

The United States appeals from a final judgment entered in the district court for the Western District of Missouri awarding landowners Glen Melvin Jones and Betty Jones $45,000 as just compensation for the taking of a perpetual flowage easement across part of their farm in Henry County, Missouri. For reversal the government challenges the award of severance damages and the adequacy of the findings of the land condemnation commission under the guidelines set forth in United States v. Merz, 376 U.S. 192, 84 S.Ct. 639, 11 L.Ed.2d 629 (1964).

For the reasons discussed…