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UNITED STATES v. 2979.72 ACRES OF LAND, ETC.

No. 7882.

270 F.2d 707 (1959)

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 (Tract FF-3100E), Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 5, 1959.

Attorney(s) appearing for the Case

Harold S. Harrison, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., John Strickler, U. S. Atty., Leigh B. Hanes, Asst. U. S. Atty., Roanoke, Va., and S. Billingsley Hill, Atty., Dept. of Justice, Washington, D. C., on the brief) for appellant.

Ralph H. Ferrell, Jr., Richmond, Va. (George D. Gibson, Francis V. Lowden, Jr., and Hunton, Williams, Gay, Moore & Powell, Richmond, Va., on the brief), for appellee Virginia Electric and Power Co.

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

SOPER, Circuit Judge.

The principal question in this case is whether an electric power company, which purchased from a riparian owner the right to flood the land, is entitled to any compensation when the United States takes over the right from the power company by condemnation. The owner of the fee in the land, having conveyed the flowage rights to the power company and thereby destroyed the value of the fee, agreed to convey the fee to the United States for $1.00...

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