Legal Opinion

United States v. 243.22 Acres of Land in Village of Farmingdale

District Court, E.D. New York

Decided January 14, 1942No. M-465PublishedCited by 10 opinions

1Opinion of the Court

MOSCOWITZ, District Judge.

This is a motion to set aside a decision for the United States of America, the petitioner-plaintiff, after a trial before the Court without a jury. The defendant is not entitled to a jury trial as a matter of right in a condemnation proceeding. See opinion in this case filed October 31, 1941, D.C., 41 F.Supp. 805.

On December 19, 1940, the petitioner-plaintiff filed in the office of the Clerk of this Court in the manner prescribed by law a Declaration of Taking dated December 17, 1940, signed- by Hon. Henry L. Stimson, Secretary of War. This Declaration of Taking…

2Cases cited15 opinions

  1. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
  2. Shoemaker v. United StatesSupreme Court of the United States · 1893
  3. Old Dominion Land Co. v. United StatesSupreme Court of the United States · 1925
  4. United States v. ThrelkeldCourt of Appeals for the Tenth Circuit · 1934
  5. Forbes v. United StatesCourt of Appeals for the Fifth Circuit · 1920

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3Cited by10 opinions

  1. United States v. City of ChesterCourt of Appeals for the Third Circuit · 1944
  2. United States v. Certain Parcels of LandDistrict Court, D. Wyoming · 1956
  3. Alpirn v. HuffmanDistrict Court, D. Nebraska · 1943
  4. Fletcher v. MaupinCourt of Appeals for the D.C. Circuit · 1942
  5. Lambert v. Reconstruction Finance Corp.District Court, E.D. New York · 1947

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