Legal Opinion

United States v. 45.50 Acres of Land

Court of Appeals for the Eighth Circuit

Decided November 28, 1980No. 80-1198PublishedCited by 6 opinions

1Opinion of the Court

FLOYD R. GIBSON, Senior Circuit Judge.

The United States appeals the judgment awarded in a condemnation proceeding for a flowage easement over portions of the Woodwards’ farm, contending that the trial court was without jurisdiction to award severance damages for the potential flooding of an access road not located on or adjacent to the Woodwards’ property. We agree, and, therefore, we reverse the District Court on this issue.

In connection with the Harry S. Truman Dam and Reservoir project in Missouri, the United States filed a condemnation suit and declaration of taking to acquire a perpetual…

2Cases cited11 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. United States v. MillerSupreme Court of the United States · 1943
  3. Bauman v. RossSupreme Court of the United States · 1897
  4. United States v. WelchSupreme Court of the United States · 1910
  5. Teresa Fromme v. The United States and Victoria County Navigation District, Third-PartyCourt of Appeals for the Third Circuit · 1969

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3Cited by6 opinions

  1. United States v. 191.07 Acres of Land, and Milan MartinekCourt of Appeals for the Ninth Circuit · 2007
  2. Paul v. United StatesUnited States Court of Claims · 1990
  3. United States v. 191.07 Acres of Land, and Milan MartinekCourt of Appeals for the Ninth Circuit · 2007
  4. United States v. 191.07 Acres of Land, and Milan MartinekCourt of Appeals for the Ninth Circuit · 2007
  5. United States v. 45.50 Acres Of Land, More Or Less, Situate In Henry County, MissouriCourt of Appeals for the Eighth Circuit · 1980

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