Legal Opinion
United States v. 3,218.9 Acres of Land, More or Less, Situated in the County of Warren, State of Pennsylvania and Taxasgulf, Inc.
Court of Appeals for the Third Circuit
Decided April 23, 1980No. 79-2122PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
This appeal asks us to determine whether a government condemnation of a surface tract of land constituted a taking of the subsurface mineral estates so as to entitle the subsurface owners to monetary compensation. The trial court submitted the issue to a jury which awarded damages to the subsurface owners. We conclude it was error to allow the jury to determine the damages to the subsurface estates under the terms of the declaration of taking and reverse that portion of the district court’s judgment.
I
The United States acquired certain lands for the…
2Cases cited6 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- United States v. 3,317.39 Acres of Land, More or Less, in Jefferson County, Arkansas, and Earl MooreCourt of Appeals for the Eighth Circuit · 1971
- United States v. 21.54 Acres of Land, More or Less, Situate in Marshall County, State of West VirginiaCourt of Appeals for the Fourth Circuit · 1973
- United States v. 64.88 Acres of Land, More or Less, Situate in Allegheny County, Pennsylvania, and Charles F. ChubbCourt of Appeals for the Third Circuit · 1957
- Duquesne Natural Gas Co. v. FefoltSuperior Court of Pennsylvania · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Northwest Louisiana Fish & Game Preserve Commission v. United StatesCourt of Appeals for the Federal Circuit · 2006
- Casitas Municipal Water District v. United StatesUnited States Court of Federal Claims · 2011
- United States v. 2,560.00 Acres Of Land, More Or Less, Situate In Washington County, State Of OklahomaCourt of Appeals for the Tenth Circuit · 1988
- United States v. 1,606.00 Acres Of LandCourt of Appeals for the First Circuit · 1983
- United States v. 1,606.00 Acres of LandCourt of Appeals for the Tenth Circuit · 1983
7 more not listed; retrieve them via the Exa API.