United States v. Silver Queen Mining Company

LEWIS, Circuit Judge.

The United States initiated this action in the District Court for the District of Utah to condemn some 69 acres of land contained in four patented min ing claims owned by the appellee mining corporation. Prior to the instant action the government had had the exclusive surface possession of the properties for eighteen years under both negotiated and condemned use rights in connection with bombing, chemical and bacterial research by the Air Force. This suit condemned the fee and brings for review the method of determination and measure of compensation awarded for the…