Legal Opinion

United States v. Des Moines County

Court of Appeals for the Eighth Circuit

Decided April 24, 1945No. 12962PublishedCited by 40 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

The question for decision is whether the United States, in condemning, for military purposes, public roads within the area of the Iowa Ordnance Plant, in Des Moines County, l'owa, is obliged to pay the appellees as just compensation (1) the value of the roads taken, or (2) the cost of providing necessary substitute roads, or (3) nominal damages.

The District Court, after the trial of the issue of just compensation or damages in this proceeding to condemn the roads, found as a fact: “That the full, fair, reasonable and actual value of the roads and highways * * * on the…

2Cases cited4 opinions

  1. Jefferson County, Tenn. v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 1945
  2. Mayor and City Council of Baltimore v. United StatesCourt of Appeals for the Fourth Circuit · 1945
  3. United States v. Wheeler Tp.Court of Appeals for the Eighth Circuit · 1933
  4. Helvering v. RubinsteinCourt of Appeals for the Eighth Circuit · 1942

3Cited by40 opinions

  1. Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1954
  2. Town of Clarksville, Va. v. United StatesCourt of Appeals for the Fourth Circuit · 1952
  3. City of Fort Worth, Tex. v. United StatesCourt of Appeals for the Fifth Circuit · 1951
  4. State of Nebraska v. United StatesCourt of Appeals for the Eighth Circuit · 1947
  5. Woodville v. United StatesCourt of Appeals for the Tenth Circuit · 1946

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