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U.S. v. 45.50 ACRES OF LAND, MORE OR LESS

No. 80-1198.

634 F.2d 405 (1980)

UNITED STATES of America, Appellant, v. 45.50 ACRES OF LAND, MORE OR LESS, SITUATE IN HENRY COUNTY, STATE OF MISSOURI, Champ H. Woodward, Mary Jane Woodward, Lloyd A. Woodward and Esther B. Woodward, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 28, 1980.

Attorney(s) appearing for the Case

James C. Kilbourne, Atty., Dept. of Justice, Washington, D. C., for appellant.

Robert W. Spangler, Harrisonville, Mo., for appellees.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and HENLEY, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

The United States appeals the judgment awarded in a condemnation proceeding for a flowage easement over portions of the Woodwards' farm, contending that the trial court was without jurisdiction to award severance damages for the potential flooding of an access road not located on or adjacent to the Woodwards' property. We agree, and, therefore, we reverse the District Court on this issue.

In connection with the Harry...

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