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UNITED STATES v. EASEMENT AND RIGHT OF WAY, LOGAN CO., KY.

No. 17046.

375 F.2d 120 (1967)

UNITED STATES of America upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff-Appellee, v. An EASEMENT AND RIGHT OF WAY OVER TWO TRACTS OF LAND, Each 150 Feet Wide, One 2,743 Feet Long and the Other 1,565 Feet Long, IN LOGAN COUNTY, KENTUCKY, Enlow Rogers et ux., Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

March 28, 1967.

Attorney(s) appearing for the Case

J. Granville Clark, Russellville, Ky., for appellants.

Charles J. McCarthy, Gen. Counsel, Tennessee Valley Authority, Knoxville, Tenn., for appellee, Thomas A. Pedersen, Asst. Gen. Counsel, Tennessee Valley Authority, Knoxville, Tenn., John C. Lovett, Benton, Ky., H. Peter Claussen, Knoxville, Tenn., on the brief.

Before PHILLIPS, Circuit Judge, CECIL, Senior Circuit Judge, and HOGAN, District Judge.

PER CURIAM.

This appeal presents the question of whether the Tennessee Valley Authority has the constitutional and statutory power to acquire by eminent domain an easement across a farm in Logan County, Kentucky, which is not located along the Tennessee River or any of its tributaries. This easement was condemned for the purpose of constructing a power transmission line from the TVA steam plant at Paradise, Kentucky, to Nashville, Tennessee.

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