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6816.5 ACRES OF LAND, ETC., RIO ARRIBA CO., N. M. v. UNITED STATES

No. 10164.

411 F.2d 834 (1969)

6816.5 ACRES OF LAND, MORE OR LESS, IN RIO ARRIBA COUNTY, STATE OF NEW MEXICO; William A. Maddox, individually and as Trustee under the Declaration of Trust of April 10, 1959, and Frances Evelyn Maddox, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

May 27, 1969.

Attorney(s) appearing for the Case

Robert Templeton, of Kolander & Templeton, Amarillo, Tex., for appellants.

Frank B. Friedman, Atty., Dept. of Justice, Washington, D. C. (Clyde O. Martz, Asst. Atty. Gen., S. Billingsley Hill and B. Richard Taylor, Attys., Dept. of Justice, Washington, D. C., and John F. Quinn, Jr., U. S. Atty. and John A. Babington, Asst. U. S. Atty., Albuquerque, N. M., on the brief) for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

The United States instituted proceedings to condemn 6,816.5 acres of a total of 33,150 acres owned by the appellant in Rio Arriba County, New Mexico. This land is part of approximately 10,000 acres required for construction of the Heron Reservoir portion of the San Juan-Chama reclamation project in Colorado and New Mexico. The issue of just compensation was presented to a jury which fixed the market value of the appropriated land at $155,000....

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