United States v. 3,727.91 Acres of Land, More or Less, in the County of Pike, State of Missouri. Appeal of Elsberry Drainage District
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LAY, Circuit Judge.
The Elsberry Drainage District is the fee simple titleholder of a narrow, irregularly shaped strip of land consisting of approximately 214 acres of levees and ditches. In 1917 and 1918 the District had constructed extensive levees and drainage ditches on the land to control periodic flooding of adjacent property. In 1971 the United States condemned the land to establish a waterfowl refuge area. After a plenary trial, the district court awarded the Drainage District $1.00. The Drainage District has appealed contending that the award is not just compensation.
The Drainage…
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