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UNITED STATES v. 3,727.91 ACRES OF LAND, ETC.

No. 76-1772.

563 F.2d 357 (1977)

UNITED STATES of America, Appellee, v. 3,727.91 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF PIKE, STATE OF MISSOURI. Appeal of ELSBERRY DRAINAGE DISTRICT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 30, 1977.

Attorney(s) appearing for the Case

Edward A. Glenn, argued, Glenn & Smith, Louisiana, Mo., on brief, for appellant.

Larry A. Boggs, Atty., Dept. of Land & Natural Resources, U. S. Dept. of Justice, argued, Peter R. Taft, Asst. Atty. Gen., and Edmund B. Clark, Washington, D. C., on brief, for appellee.

Before LAY and BRIGHT, Circuit Judges, and MILLER, Judge.

LAY, Circuit Judge.

The Elsberry Drainage District is the fee simple titleholder of a narrow, irregularly shaped strip of land consisting of approximately 214 acres of levees and ditches. In 1917 and 1918 the District had constructed extensive levees and drainage ditches on the land to control periodic flooding of adjacent property. In 1971 the United States condemned the land to establish a waterfowl refuge area. After a plenary trial, the district court awarded...

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