United States v. Thomas F. Lee and Wife Ola Mae Lee, Etc.

GARZA, District Judge:

This condemnation case is before us on the narrow point of whether or not the District Court erred in taxing against the United States, as costs, the cost of a survey ordered by the landowners of the land condemned.

Considering, under the facts in this case, the cost of the survey to be part of the just compensation contem plated under the Fifth Amendment to the Constitution, the action of the District Court was correct, and we affirm.

A recitation of the facts below will show that the cost of the survey was actually part of the just compensation contemplated under the…