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UNITED STATES, T.V.A. v. THREE TRACTS OF LAND, ETC., ALA.

Civ. A. No. 72-462-NE.

377 F.Supp. 631 (1974)

UNITED STATES of America upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff, v. THREE TRACTS OF LAND CONTAINING A TOTAL OF 1,174 ACRES MORE OR LESS, IN JACKSON COUNTY, ALABAMA, et al., Defendants.

United States District Court, N. D. Alabama, Northeastern Division.

February 13, 1974.

Attorney(s) appearing for the Case

Beauchamp E. Brogan, Assoc. Gen. Counsel, Knoxville, Tenn., argued, Robert H. Marquis, Gen. Counsel TVA, and Justin M. Schwamm, Knoxville, Tenn., on the brief, for plaintiff.

Julian D. Butler, Butler & Potter, Huntsville, Ala., Wm. E. Garner, pro se, for defendants.

MEMORANDUM OPINION

McFADDEN, Chief Judge.

This is a condemnation proceeding by the Tennessee Valley Authority (hereafter "TVA") to condemn the respondents' land as a part of an inventory of sites for electric generating plants. TVA has filed its declaration of taking to which the landowners have interposed multiple objections. The objections in essence are:

(1) The taking is not for a public use in that TVA does not have the statutory or constitutional...

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