Legal Opinion
United States ex rel. Tennessee Valley Authority v. An Easement & Right-of-Way Containing 0.1 Acres
Court of Appeals for the Sixth Circuit
Decided December 9, 1971No. Nos. 71-1383, 71-1384PublishedCited by 5 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
The single question presented on this •appeal is whether the 1966 amendment to 28 U.S.C. § 2412 authorizes the taxation of costs against the United States in an eminent domain proceeding. We answer this question in the negative, reversing the decision of the District Court.
Two condemnation actions were filed in the District Court under the TVA Act. 16 U.S.C. § 831x. The amount of estimated just compensation was tendered into court at the time of the filing of the declarations of taking. In each case the landowners won verdicts in excess of the amounts tendered into…
2Cases cited5 opinions
- United States v. 87.30 Acres of LandCourt of Appeals for the Ninth Circuit · 1970
- United States of America Upon the Relation and for the Use of the Tennessee Valley Authority v. Council J. PressnellCourt of Appeals for the Sixth Circuit · 1964
- United States v. 23.94 Acres of LandDistrict Court, W.D. Virginia · 1970
- United States v. Certain LandCourt of Appeals for the Second Circuit · 1969
- United States v. 12.85 Acres of LandDistrict Court, E.D. Tennessee · 1971
3Cited by5 opinions
- United States v. Bodcaw Co.Supreme Court of the United States · 1979
- United States v. 329.73 Acres of Land, Situated in Grenada and Yalobusha Counties, State of Mississippi, and J.G. CarterCourt of Appeals for the Fifth Circuit · 1983
- United States v. 341.45 Acres of LandCourt of Appeals for the Eighth Circuit · 1984
- United States v. 101.80 Acres of LandDistrict Court, D. Idaho · 1982
- United States of America Upon the Relation and for the Use of the Tennessee Valley Authority v. An Easement and Right-Of-Way Containing 0.1 Acres, More or Less, Over Certain Land in Hamilton County, Tennessee, Oral Bible, Et Ux., United States of America Upon the Relation and for the Use of the Tennessee Valley Authority v. 12.85 Acres of Land, More or Less, a Road Easement and Right of Way Over an Additional 1.18 Acres of Land, More or Less, and Certain Additional Rights, All in Hamilton County, Tennessee, Baxter R. GannCourt of Appeals for the Sixth Circuit · 1971