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UNITED STATES v. 119.66 ACRES OF LAND, ETC., MARION CO., IOWA

Civ. No. 10-88-C-1.

332 F.Supp. 782 (1970)

UNITED STATES of America, Plaintiff, v. 119.66 ACRES OF LAND MORE OR LESS, Situate IN MARION COUNTY, STATE OF IOWA, and William L. West, et al., Defendants.

United States District Court, S. D. Iowa, Central Division.

December 23, 1970.

Attorney(s) appearing for the Case

Allen L. Donielson, U. S. Atty., Richard J. Barry, Asst. U. S. Atty., for plaintiff.

Bennett A. Webster and John Gamble, Des Moines, Iowa, for defendants.

MEMORANDUM

STEPHENSON, Chief Judge.

1. The tract of land here involved (Tract 471)1 was acquired by the United States by the filing of a Declaration of Taking in this Court on August 24, 1970. A controversy has arisen as to whether enhancement in value caused by the project should be considered in valuing the subject tract. In order for the Court to rule on this issue it must determine whether this land was "probably within the...

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