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UNITED STATES EX REL. T. V. A. v. EASEMENT & RIGHT-OF-WAY

Nos. 71-1383, 71-1384.

452 F.2d 729 (1971)

UNITED STATES of America upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff-Appellant, v. AN EASEMENT AND RIGHT-OF-WAY CONTAINING 0.1 ACRES, MORE OR LESS, Over Certain Land IN HAMILTON COUNTY, TENNESSEE, Oral Bible, et ux., Defendants-Appellees. UNITED STATES of America upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff-Appellant, v. 12.85 ACRES OF LAND, MORE OR LESS, a Road Easement and Right of Way Over an Additional 1.18 ACRES OF LAND, MORE OR LESS, and Certain Additional Rights, all IN HAMILTON COUNTY, TENNESSEE, Baxter R. Gann, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

December 9, 1971.

Attorney(s) appearing for the Case

Argued by Thomas A. Pedersen, Sol., Tennessee Valley Authority, Knoxville, Tenn., for plaintiff-appellant; Robert H. Marquis, Gen. Counsel, Beauchamp E. Brogan, Asst. Gen. Counsel, M. Elizabeth Culbreth, Beverly S. Burbage, Tennessee Valley Authority, Knoxville, Tenn., on brief.

Roberts, Weill, Ellis, Weems & Copeland, Chattanooga, Tenn., for defendants-appellees in No. 71-1383.

Richard Dietzen, Dietzen, Parks & Dietzen, Chattanooga, Tenn., for defendants-appellees in No. 71-1383.

Before PHILLIPS, Chief Judge, and McCREE and BROOKS, Circuit Judges.

PHILLIPS, Chief Judge.

The single question presented on this appeal is whether the 1966 amendment to 28 U.S.C. § 2412 authorizes the taxation of costs against the United States in an eminent domain proceeding. We answer this question in the negative, reversing the decision of the District Court.

Two condemnation actions were filed in the District Court under the TVA Act. 16 U.S.C. § 831x. The amount of estimated just compensation was tendered into...

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