Cases

PER CURIAM: In this eminent domain case, Appellant Mariner’s Cove Townhomes Association appeals the district court’s grant of judgment on the pleadings for the United States. The district court held that the Association was not entitled to just compensation for the diminution of its assess *542 ment

USCA4 Appeal: 21-1352 Doc: 53 Filed: 06/01/2022 Pg: 1 of 48 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-1352 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. 8.929 ACRES OF LAND IN ARLINGTON COUNTY, VIRGINIA; ARLINGTON COUNTY, VIRGIN

557 F.3d 1297 (2009) UNITED STATES of America, Plaintiff-Appellee, v. 480.00 ACRES OF LAND, More or Less, in the County of Dade, State of Florida, et al., Defendants, Gilbert R. Fornatora, Frank Plattner, et al., Defendants-Appellants. No. 07-13584. United States Court of Appeals, Eleventh Circuit. February 11, 2009. *1299 Am

409 F.3d 139 UNITED STATES of America, Appellantv.6.45 ACRES OF LAND, more or less, situated in Cumberland Township, Adams County, Commonwealth of Pennsylvania; Hans G. Enggren; Christina A. Enggren, Husband and Wife, their Heirs and/or assigns; Unknown Owners; Unknown Lessees No. 03-2305. United States Court of Appeals, Third Circuit. Argued June 30, 2004. <

OPINION OF THE COURT AMBRO, Circuit Judge. The United States appeals from the District Court’s judgment awarding compensation to Overview Limited Partnership (“Overview”) and Hans and Christina Eng-gren (the “Enggrens”) pursuant to the Government’s taking of 6.45 acres of land in the Gettysburg National Military Park. The Government asserts that the District

582 F.2d 878 UNITED STATES of America, Appellee,v.97.19 ACRES OF LAND, MORE OR LESS, located IN MONTGOMERY,WASHINGTON AND ALLEGHANY COUNTIES, MARYLAND,Hollis E. Hopkins, et al., and unknownowners, Appellants. No. 76-2030. United States Court of Appeals,Fourth Circuit. Argued Nov. 10, 1977.Decided Sept. 19, 1978.

PATRICK E. HIGGINBOTHAM, Circuit Judge: The sole issue on appeal is whether the federal government has paid OKC Limited Partnership just compensation for the taking of its property as required by the Fifth Amendment. The district court determined that the land should be valued as a recreational site, and that its value as such was $54,000. It rejected as speculative and unrealisti

E. GRADY JOLLY, Circuit Judge: This case involves the valuation of condemned property. In 1977 the government acquired 500 acres of land on the Bryan Mound Salt Dome, two and one-half miles southwest of Freeport, Texas. Freeport Minerals Company owned the surface interest; Dow Chemical Company owned an underlying lease from Freeport, pursuant to which it mined salt; and Henry Ha

616 F.2d 762 UNITED STATES of America, Plaintiff-Appellee,v.101.88 ACRES OF LAND, MORE OR LESS, SITUATED IN ST. MARYPARISH, STATE OF LOUISIANA, and John M. Singletonet al., and unknown owners, Defendants,Avoca, Incorporated, a Louisiana Corporation, Defendant-Appellant. No. 77-2768. United States Court of Appeals,Fifth Circuit. May 5, 1980.

ROSENN, Circuit Judge. The United States appeals from the district court’s 1 award of attorney’s fees to defendants in this condemnation action, arguing that its position was substantially justified. The Government’s various offers of compensation for the condemnation matc

MEMORANDUM OPINION AND ORDER HIRAM H. WARD, Chief Judge. This matter comes before the Court on the government’s Objections To the Report and Award of Commission Filed September 9, 1986 (September 19, 1986). The instant case involves the taking of a tract of land owned by Bobby Parrish by the United States under the power of eminent domain. In its second Report and Award, the Commission recommended $506,769.0

ORIE L. PHILLIPS, Circuit Judge. The United States brought this action to acquire by condemnation 45,131.44 acres of land situated in El Paso, Fremont, and Pueblo Counties, Colorado, against a large number of persons, natural and artificial, owners of interests in such land. A judgment was entered on March 3, 1972, which disposed of all of the claims of owners of interests in the land sought to be condemned,

OPINION DALTON, District Judge. This is an action of a civil nature brought by the United States of America at the request of the Secretary of the Army for the taking of property under power of eminent domain in connection with the construction, operation, and maintenance of the John W. Fknnagan Dam and Reservoir, Pound River, Dickenson County, Virginia, and for the as

GOLDBERG, Circuit Judge: The Government here pursues an appeal from a judgment based upon a jury determination of value in this action to condemn a sixty-two acre tract along the perimeter of the Sam Rayburn Dam and Reservoir in Jasper County, Texas. At issue is whether the trial judge properly found the landowner entitled to compensation for the value which had accrued by the t

GEE, Circuit Judge: In 1977, the United States condemned 6,162.78 acres of land in Concordia Parish, Louisiana, as part of the Tensas Basin, Red River Backwater Area Mitigation Project, and deposited $250 per acre in court. In 1979, the deposit was raised to $306 per acre. On December 11,1980, after listening to experts provided by the landowners and the government, the jury awa

WISDOM, Circuit Judge: This appeal concerns the claim of a landowner for damages in a condemnation proceeding for the government’s use of lands contiguous to those condemned. On February 1, 1977, the United States filed a complaint in condemnation and a declaration of taking covering certain lands in the Atchafalaya River and in Bayou Chene, Bayou Boeuf, and Bayou Black. The taking was authorized by P.L. 9

*768 JOHN R. BROWN, Chief Judge: The Just Compensation Clause of the Fifth Amendment, which provides that private property shall not be taken without just compensation, is one of the most basic constitutional guarantees that the rights of the individual will not be unfairly sacrificed in the pursuit of th

BARRETT, Circuit Judge. The United States appeals an award made by a commission and adopted by the district court pursuant to a condemnation proceeding for the taking of an evacuation estate1 to be used in connection with the Athena H Missile project at the White Sands Missile Range in New Mexico. The commission appointed by the Court under Fed.Rules Civ.Proc. rule 71A(h), 28 U.S.C.A. awarded lan

GEE, Circuit Judge: In 1970, through exercise of its power of eminent domain, the United States acquired certain property interests in Bee County, Texas. To effect its purpose of constructing a radio guidance transmitter, the government took out of a 3,550-acre tract fee simple rights to 26.556 acres, an easement for road purposes in 0.38 acres, and an easement restricting use

MEMORANDUM OF DECISION GORDON, Senior District Judge. This condemnation proceeding concerns the acquisition of land by the United States under its power of eminent domain for the Congaree Swamp National Monument, a unit of the National Park System established by Congress in the Act of October 18, 1976, Pub.L. No. 94-545, 90 Stat. 2517. The tract now at issue, comprising some 14,770.65 acres of the tota