Legal Opinion
United States v. 76,800 Acres
District Court, S.D. Georgia
Decided April 20, 1942PublishedCited by 6 opinions
1Opinion of the Court
LOVETT, District Judge.
The question for decision is where the burden of proof rests in a case of land taken in condemnation by the United States, there being an issue only as to just compensation for the taking. The public use, the necessity for the taking, and compliance with the 'statutes are admitted by the landowner (defendant), but he asserts the value is higher than the government’s estimate of just compensation deposited in the registry of the court.
The proceeding is under the act of August 1, 1888, 25 Stat. 357, 40 U.S.C.A. § 257 et seq., though a declaration of taking has been filed…
2Cases cited8 opinions
- Welch v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 1939
- Streyer v. Georgia Southern & Florida RailroadSupreme Court of Georgia · 1892
- State Highway Board v. ShierlingCourt of Appeals of Georgia · 1935
- Ralph v. HazenCourt of Appeals for the D.C. Circuit · 1937
- Town of Hingham v. United StatesCourt of Appeals for the First Circuit · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. 70.39 Acres of LandDistrict Court, S.D. California · 1958
- Northern Border Pipeline Co. v. 127.79 Acres of LandDistrict Court, D. North Dakota · 1981
- United States v. BaumanDistrict Court, D. Oregon · 1943
- United States v. a Certain Tract or Parcel of LandDistrict Court, S.D. Georgia · 1942
- United States v. 17,280 Acres of LandDistrict Court, D. Nebraska · 1944
1 more not listed; retrieve them via the Exa API.