Legal Opinion
United States v. 119.66 Acres of Land more or less, Situate in Marion County
District Court, S.D. Iowa
Decided December 23, 1970No. Civ. No. 10-88-C-1Published
1Opinion of the Court
MEMORANDUM
STEPHENSON, Chief Judge.
1. The tract of land here involved (Tract 471) 1 was acquired by the United States by the filing of a Declaration of Taking in this Court on August 24, 1970. A controversy has arisen as to whether enhancement in value caused by the project should be considered in valuing the subject tract. In order for the Court to rule on this issue it must determine whether this land was “probably within the scope of the project from the time the Government was committed to it.” United States v. Reynolds, 397 U.S. 14, 21, 90 S.Ct. 803, 807, 25 L.Ed.2d 12 (1969).
2. The Red…
2Cases cited7 opinions
- United States v. MillerSupreme Court of the United States · 1943
- United States v. ReynoldsSupreme Court of the United States · 1970
- United States v. Arlo C. Crance, J. v. Crance, Ralph O. Crance, Minnie Newport, Rose B. McKeeand Elizabeth MillerCourt of Appeals for the Eighth Circuit · 1965
- United States v. 172.80 Acres of Land, More or Less, Situate in Mercer County, Commonwealth of Pennsylvania, and Cecelia E. StambaughCourt of Appeals for the Third Circuit · 1965
- United States v. 2,353.28 Acres of Land, More or Less, Situate in the Counties of Brevard and Volusia, State of Florida, and Lucille M. BairCourt of Appeals for the Fifth Circuit · 1969
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