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U.S. v. 62.17 ACRES OF LAND, ETC., IN JASPER CTY.

No. 74-3244.

538 F.2d 670 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. 62.17 ACRES OF LAND, MORE OR LESS, situate IN JASPER COUNTY, TEXAS, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 13, 1976.

Attorney(s) appearing for the Case

Roby Haddan, U. S. Atty., Tyler, Tex., Dennis R. Lewis, Asst. U. S. Atty., Beaumont, Tex., Wallace H. Johnson, George R. Hyde, Atty., Edward J. Shawaker, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

M. L. Skelton, Houston, Tex., Anthony G. Brocato, Beaumont, Tex., B. F. Whitworth, Jasper, Tex., for American Lakes & Land Co.

James S. Gilliand, Memphis, Tenn., for Diversified Mortgage Investors.

Addington, McGraw & Lawlis, Jasper, Tex., for defendants-appellees.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.

GOLDBERG, Circuit Judge:

The Government here pursues an appeal from a judgment based upon a jury determination of value in this action to condemn a sixty-two acre tract along the perimeter of the Sam Rayburn Dam and Reservoir in Jasper County, Texas. At issue is whether the trial judge properly found the landowner entitled to compensation for the value which had accrued by the time of the taking to this perimeter acreage because of its proximity to the project. Two...

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