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UNITED STATES v. 2979.72 ACRES OF LAND, ETC.

No. 6839.

237 F.2d 165 (1956)

UNITED STATES of America, Appellant, v. 2979.72 ACRES OF LAND, MORE OR LESS, IN THE COUNTY OF HALIFAX, VIRGINIA, Olive Vaughan Williams, et al., and unknown owners, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 11, 1956.

Attorney(s) appearing for the Case

Harold S. Harrison, Attorney, Department of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., John Strickler, U. S. Atty., Roanoke, Va., and Roger P. Marquis, Attorney, Dept. of Justice, Washington, D. C., on brief), for appellant.

Ralph H. Ferrell, Jr., Richmond, Va. (T. Justin Moore, Francis V. Lowden, Jr., and Hunton, Williams, Gay, Moore & Powell, Richmond, Va., on brief), for appellees.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and BRYAN, District Judge.

PER CURIAM.

A petition for rehearing insists that since the flowage easement of the power company had no value to it except for water power purposes, and since value for such purposes cannot be considered, it is not entitled to any compensation whatever for the destruction of its easement as a result of the government's taking. The answer is that the taking by the government is a proceeding in rem. It must pay as compensation for the taking the amount by which the...

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