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UNITED STATES v. 4,566.26 ACRES OF LAND, MARICOPA CO., ARIZ.

No. 25218.

450 F.2d 274 (1971)

UNITED STATES of America, Plaintiff and Appellant, v. 4,566.26 ACRES OF LAND, MORE OR LESS, Situate IN MARICOPA COUNTY, STATE OF ARIZONA, John W. Wesson, et al., Defendants and Appellees.

United States Court of Appeals, Ninth Circuit.

October 19, 1971.

Attorney(s) appearing for the Case

Jacques B. Gelin, (argued), Harold S. Harrison, Edmund B. Clark, Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Lands & Natural Resources Div., Washington, D. C., Richard K. Burke, U. S. Atty., Richard S. Allemann, Asst. U. S. Atty., Phoenix, Ariz., for appellant.

J. Gordon Cook, (argued), of McKesson, Renaud, Cook, Miller & Cordova, Phoenix, Ariz., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

This appeal is from judgment awarding compensation for the taking of land by condemnation. The central point in issue is the manner in which the value of the land's cotton allotment was determined.

Pursuant to Congressional action authorizing construction of the Painted Rock Dam and Reservoir, (See, Pub.L. 81-516, 64 Stat. 163), a flood control project in the Citrus Valley of the Gila River Basin in Maricopa County, Arizona, the United...

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