Legal Opinion

United States v. 327 Acres of Land

District Court, N.D. Georgia

Decided January 4, 1971No. Civ. A. No. 2056PublishedCited by 4 opinions

1Opinion of the Court

SIDNEY O. SMITH, Jr., Chief Judge.

This is a proceeding in eminent domain to ascertain just and adequate compensation for certain tracts of land condemned by the government in connection with the Carter’s Dam Project in northwest Georgia. At pre-trial, it appeared that this particular case embraced a preliminary issue whether the particular taking was within the “scope of the project.” Accordingly, a non-jury hearing was conducted by the court in accordance with United States v. Reynolds, 397 U.S. 14, 90 S.Ct. 803, 25 L.Ed.2d 12 (1970) and Wardy v. United States, 402 F.2d 762 (5th Cir. 1968).

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2Cases cited15 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. United States v. MillerSupreme Court of the United States · 1943
  3. United States v. ReynoldsSupreme Court of the United States · 1970
  4. 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
  5. United States v. 158.76 Acres of Land, More or Less, Situate in the Town of Townshend, Windham County, State of Vermont, and Janet Hoadley JacquesCourt of Appeals for the Second Circuit · 1962

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3Cited by4 opinions

  1. United States v. 105.40 Acres of Land, More or Less, Situate in Porter County, State of Indiana (Northern Indiana Bank and Trust Company, Trustee for Bethlehem Steel Corporation), United States of America v. 253.61 Acres of Land, More or Less, Situate in Porter County, State of Indiana (Northern Indiana Bank and Trust Company, Trustee for Bethlehem Steel Corporation)Court of Appeals for the Seventh Circuit · 1972
  2. United States v. 105.40 Acres of LandCourt of Appeals for the Seventh Circuit · 1972
  3. United States v. 31.45 ACRES OF LAND, WHITMAN CTY., WASH.District Court, E.D. Washington · 1974
  4. Mattice v. StateNew York Court of Claims · 1976

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