MARTIN v. UNITED STATES

No. 7793.

270 F.2d 65 (1959)

Charles O. MARTIN, Raymond F. Farrar and wife, Hazel M. Farrar, and Floyd H. Martin, Appellants and Cross-Appellees, v. UNITED STATES of America, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 8, 1959.

Rehearing Denied September 3, 1959.

As Amended October 2, 1959.


Attorney(s) appearing for the Case

D. Newton Farnell, Jr., and William E. Comer, Greensboro, N. C. (James G. W. MacClamroch, Greensboro, N. C., on brief), for appellants and cross-appellees.

Walter B. Ash, Attorney, Department of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Attorney, Department of Justice, Washington, D. C., James E. Holshouser, U. S. Atty., Boone, N. C., and John E. Hall, Asst. U. S. Atty., Greensboro, N. C., on brief), for appellee and cross-appellant.

Before SOPER and HAYNSWORTH, Circuit Judges, and BOREMAN, District Judge.


HAYNSWORTH, Circuit Judge.

This case is here for the second time. See Martin v. United States, 4 Cir., 240 F.2d 326. We there held that the mere filing of a map by the State of North Carolina showing a strip of land one hundred feet wide and approximately one mile long, its center being the center line of an existing public road, was not a taking of private property within the boundaries of the designated strip. Mindful, however,...

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