United States v. Carmen O. Herrero

MERRILL, Circuit Judge:

This appeal is from judgment of condemnation of lands in Guam. Following eminent domain proceedings instituted by the Government a declaration of taking was filed pursuant to 40 U.S.C. § 258a on March 30, 1965. At issue is the date of taking: whether it should be the date of the filing of declaration or an earlier date. The judgment fixes compensation on the basis of a taking on July 1, 1962. Appellants contend that compensation should have been fixed on the basis of a taking on March 30, 1965, the date of the filing of the declaration. Appellants would thereby enjoy…