U. S. v. 0.37 ACRES OF LAND IN CTY. OF FLATHEAD, ETC.

No. CV 75-109-M.

414 F.Supp. 470 (1976)

UNITED STATES of America, Plaintiff, v. 0.37 ACRES OF LAND, MORE OR LESS, situated IN the COUNTY OF FLATHEAD, STATE OF MONTANA, et al., Defendants.

United States District Court, D. Montana, Missoula Division.

June 2, 1976.


Attorney(s) appearing for the Case

Keith L. Burrowes, Asst. U. S. Atty., Billings, Mont., for plaintiff.

Dale L. McGarvey, McGarvey, Moore & Lence, Kalispell, Mont., for defendants.


OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

I have reconsidered my order of March 22, 1976, and now conclude, contrary to the holding in that order, that there is statutory authority to condemn private lands in Glacier National Park.

The general condemnation statute (40 U.S.C. § 257) does not authorize the condemnation unless the power to acquire the land is found elsewhere. United States v. Kennedy, 278 F.2d 121...

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