Cases

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

FLETCHER, Circuit Judge: Allan J. Norville, a property owner in Tucson, Arizona, sought just compensation for his land that the United States condemned for a new federal courthouse building. After the first jury awarded $2.5 million, the district court granted Nor-ville’s motion for a new trial. Upon retrial, the second jury returned a verdict of $8.4 million. On appeal, the United States asserts that

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

428 F.Supp.2d 57 (2006) UNITED STATES OF AMERICA, Plaintiff, v. 74.05 ACRES OF LAND, Situated on the Westerly Side of Woodchuck Hill Road in the Town of Canton, Connecticut, Defendant. [Claimants: Dale C. Martin, Uplands Group, LLC, and Fyler, Incorporated] No. 3:03 CV 1953(PCD). United States District Court, D. Connecticut. February 9, 2006.

OPINION CYNTHIA HOLCOMB HALL, Circuit Judge. Appellants Josephson Management Company and Sushi Deli Express, Inc. appeal from a district court decision denying them compensation from Appellee SDH Properties, LLC. Appellants urge this court to find error in the district court’s interpretation of the lease agreements between the Appellee and each of the respective Appellants, in which Appellants were deemed

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

BEEZER, Circuit Judge: This case presents us with a question of jurisdiction disguised as an environmental claim. The United States Forest Service commenced two takings actions in federal district court. To prevent the taking of their land, landowners invoked the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (“NEPA”), as a defense to condemnation

MEMORANDUM OPINION NORMAN K. MOON, District Judge. This matter is before the Court upon several pretrial motions filed by Plaintiff and Defendant on March 21, 2011 (docket nos. 130-37, 139-42). Briefing has been completed, and five motions (docket nos. 136, 137, 139, 141, 142) were heard on April 18, 2011. A jury trial is set for May 18-20, 2011. This memorandum opinion sets forth the Court’s r

DAVID A. NELSON, Circuit Judge. This is an appeal from a district court order denying the award of attorney fees in three eminent domain cases. Each of the landowners was a “prevailing party” within the definition set forth in 28 U.S.C. § 2412(d)(2)(H), but the district court declined to award fees and expenses under the Equal Access to Justice Act because the court found that the government had sustained its burden of showing

OPINION GOULD, Circuit Judge: The California State Lands Commission (the “Lands Commission”) appeals the district court’s final judgment in this eminent domain case, wherein the United States took a fee simple interest in about 32.42 acres of land (the “Property”) on behalf of the Navy, which has continuously leased this parcel since 1949. In condemni

FLETCHER, Circuit Judge: These consolidated appeals are taken from two condemnation proceedings in which the compensation eventually awarded to the condemnee for an easement taken by the government far exceeded the amount originally deposited with the court by the United States. The district court denied each condemnee recovery of costs, attorney fees, and expenses against the United States under 28 U.S.C. § 2412 (Supp. IV 1

OPINION AND ORDER RAY McNICHOLS, District Judge. FACTS The action was filed by the United States to condemn real property owned by Joseph Schwartz and Lorena Schwartz (hereinafter Defendants) located on the Middle Fork of the Clearwater River near the community of Syringa, Idaho. This land is in Idaho County and is subject to the Wild and Scenic Rivers Act of October 2, 1968 (82 Stat.

PER CURIAM: In 1974 the Secretary of the Interior was authorized to acquire approximately 570,000 acres of land in Monroe and Collier Coun*1247ties in Florida for the Big Cypress National Preserve. In 1978 the district court appointed the Big Cypress Land Commission to determine just compensation for property taken in attendant eminent domain proceedings. In additi

CARMAN, Judge: I. Background A. The National Trails System Act and Amendments This appeal arises from a condemnation proceeding initiated by the Secretary of the Interior (Secretary) for the purpose of acquiring 16.03 acres of land in the Town of Shrewsbury, Vermont for the Appalachian National Scenic Trail (Appalachian Trail). The Appalachian Trail is one of several national

MEMORANDUM OPINION ROY, District Judge. This action involves the government’s condemnation of a fifteen acre rectangular tract of land located in Mississippi County, Arkansas. The land in question is situated in the western portion of the Big Lake National Wildlife Refuge 1 and is complete*312ly surrounded by properties

MEMORANDUM AND ORDER BENSON, Chief Judge. in this condemnation action involving two tracts, one a fee taking designated as Tract 100, and one a restrictive ease*1382ment designated as Tract 100E, the jury-awarded the landowner $28,000.00 as just compensation for the taking. In response to special interrogatories, the jury indicated that the awa

GOODWIN, Circuit Judge. The United States appeals the judgment following a jury trial in which David and Janet Smith were awarded severance damages arising from the condemnation of a parcel of the Smiths’ ranch. In 1981 the United States, on behalf of the Bonneville Power Administration (“BPA”), initiated condemnation proceedings to acquire a power line easement across the Smiths’ ranch in eastern Washin

MEMORANDUM OPINION DOWD, District Judge. The defendant, Oakhill Properties, a partnership1 which owned the land and buildings taken by the United States of America in a condemnation action for the Cuyahoga Valley National Recreation Park, seeks an award in the amount of its costs and fees pursuant to the Equal Access to Justice Act, PL No. 96-481 (28 U.S.C. § 2412) plus the attorney

PER CURIAM: Appellant Wawona Village, a corporate landowner, appeals from a judgment entered by the district court which determined the amount of just compensation for the taking by eminent domain of certain real property it owned. Because we find the district court abused its discretion by denying appellant’s request for a continuance of the trial to allow time for appellant to revive itself through payment of back taxes to

BAUER, Circuit Judge. The district court denied the Save The Dunes Council’s motion to intervene in the United States’ condemnation action against the Northern Indiana Public Service Company. 100 F.R.D. 78. We affirm the denial of intervention. I The land involved in this case is a 36.96 acre tract bordering the southern edge of Lake Michigan. This area, commonly known as Crescent Dune