United States v. 13.98 Acres, in Kent County, State of Del.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

In its most elemental form, this condemnation case simply requires the Court to determine the fair market value of certain land taken by the United States of America (hereafter “United States” or “plaintiff” or “Government”) pursuant to its power of eminent domain. 1 Dissection of this overall task reveals three subissues.

First, the court must ascertain the value of the subject property without regard to any encumbrances and without taking special consideration of any mineral deposits on the land. This value, which for purposes…