United States v. 1,132.50 Acres of Land, Etc., Upper Allegheny Sand & Gravel Co., Inc.

IRVING R. KAUFMAN, Circuit Judge:

As part of the Allegheny River Reservoir (Kinzua Dam) Project in southwestern New York State, the United States in 1963 acquired by condemnation flowage rights and other easements on some 10,000 acres in the Allegheny Reservation of the Seneca Nation of Indians (Seneca). The United States and Seneca reached an accord on the fair market value of all but 1,345 acres of the land thus taken, and neither has appealed from the trial judge’s determination of that dispute. The conflict which has our attention concerns eighty acres of the land which had been leased in…