UNITED STATES v. CERTAIN LAND IN STATE OF NEW JERSEY

No. 18987.

439 F.2d 670 (1971)

UNITED STATES of America v. CERTAIN LAND IN the CITY OF NEWARK, COUNTY OF ESSEX, STATE OF NEW JERSEY, and the Rector, Wardens and Vestrymen of Grace Church in Newark, a Religious Corporation, et al., Harmil Holding Co., Morris and Helen C. Daniels, Mary Senick, David and Anna K. Daniels, and Krich Bros. Appeal of UNITED STATES REALTY AND INVESTMENT CO.

United States Court of Appeals, Third Circuit.

Decided March 22, 1971.


Attorney(s) appearing for the Case

Morris M. Schnitzer, Kasen, Schnitzer & Kraemer, Newark, N. J. (Waldron Kraemer, Newark, N. J., on the brief) for defendant-appellant.

Glen R. Goodsell, Dept. of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., Frederick B. Lacey, U. S. Atty., Donald O'Connor, Asst. U. S. Atty., Newark, N. J., Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before GANEY and ADAMS, Circuit Judges, and WEIS, District Judge.


OPINION OF THE COURT

GANEY, Circuit Judge.

The issue posed in this case is whether a landowner adjoining a city public street which was condemned by the United States, is entitled to compensation for the complete reduction of access to that street as a result of the taking. The district court dismissed the landowner's claim for damages.

The United States, on August 16, 1963, filed a complaint for the taking of a tract of land in the City of Newark...

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