United States of America, and Cross-Appellee v. Smoot Sand and Gravel Corporation, and Cross-Appellant

SOBELOFF, Circuit Judge.

The United States appeals from a judgment entered against it in the District Court for the Eastern District of Virginia in a condemnation proceeding which it instituted to acquire approximately two hundred and fifty acres of land for the Army with a view to establishing thereon a radio transmitter station. The owner cross-appeals.

The tract, belonging to Smoot Sand and Gravel Corporation, is located in Prince William County, Virginia, and is riparian to Occoquan Bay, a tidal estuary of the Potomac River. The question presented is whether the Court erred in permitting…