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TYSON v. STATE OF IOWA

Nos. 16460, 16464.

283 F.2d 802 (1960)

Ned TYSON et al., Appellants, v. STATE OF IOWA et al., Appellees. John SCHROEDER et al., Appellants, v. Ned TYSON et al., Appellees.

United States Court of Appeals Eighth Circuit.

November 16, 1960.

Attorney(s) appearing for the Case

Philip J. Willson, Council Bluffs, Iowa, Raymond A. Smith, Council Bluffs, Iowa, and Philip O'Hanlon, Blair, Neb., on the brief, for appellants Ned Tyson, Harry Tyson, Viggo Anderson and Birdie Anderson.

William L. Walker, Lincoln, Neb., and Roy M. Harrop, Omaha, Neb., Earl Ludlam, Lincoln, Neb., on the brief, for appellants John Schroeder, Roy M. Harrop, Homestead Corp., Jay P. Gibbs and G. Burton Kelly.

Michael Murray, Logan, Iowa, Norman A. Erbe, Atty. Gen. of Iowa, and James H. Gritton, Asst. Atty. Gen. of Iowa, on the brief, for appellees.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and REGISTER, District Judge.

VAN OOSTERHOUT, Circuit Judge.

United States of America brought this condemnation action, pursuant to constitutional and statutory authority, to acquire 242.83 acres of specifically described land located in Harrison County, Iowa, for the purpose of stabilizing the channel of the Missouri River. A declaration of taking was filed and $12,680, the estimated just compensation, was deposited in the registry of the court. The government has taken possession of the land...

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