United States of America Ex Rel. Tennessee Valley Authority v. An Easement and Right of Way Over Land in Logan County, Kentucky, Enlow Rogers, Et Ux.

I concur in Judge O’Sullivan’s view that the record is too meager to determine whether TVA has the authority, in the circumstances of this case, to take appellants’ property, and that the ease should be remanded for further proof as to whether the transmission lines in question serve an authorized TVA purpose.

However, I am unable to concur in the affirmance of the determination of the amount of $4,300 as the fair compensation for the taking of the right-of-way for the transmission lines and towers erected on appellants’ property. As Judge O’Sullivan observed in his opinion, it is obvious that…