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ATCHISON, TOPEKA AND SANTA FE RY. CO. v. UNITED STATES

No. 90-54.

278 F.2d 937 (1960)

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY v. UNITED STATES.

United States Court of Claims.

June 8, 1960.

Attorney(s) appearing for the Case

Peyton Ford, Washington, D. C., for plaintiff. R. S. Outlaw and Thomas Barnett, Chicago, Ill., and Ford, Larson, Greene & Horan, Washington, D. C., were on the briefs.

Herbert Pittle, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for defendant.

MADDEN, Judge.

The plaintiff railroad sues the United States for just compensation for the alleged impairment of its right-of-way resulting from the construction of a dam in the Rio Grande River and the creation of a large reservoir by the impounding of the water of the river.

The line of railroad here involved runs from Albuquerque, New Mexico to El Paso, Texas, a distance of 254.1 miles. It was built in 1880 and acquired by the plaintiff in 1899. It roughly...

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