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GEORGIA POWER CO. v. SANDERS

Nos. 77-1775, 77-1776 and 77-1777.

617 F.2d 1112 (1980)

GEORGIA POWER COMPANY, Plaintiff-Appellee, v. 138.30 Acres of Land, situate, lying and being in Land Lot 327 of the 3rd Land District 389th G. M. District, Putnam County, Georgia, Defendant, Mildred B. SANDERS, a/k/a Mrs. Karl D. Sanders, Jr., et al., Defendants-Appellants. GEORGIA POWER COMPANY, Plaintiff-Appellee, v. 377.61 Acres of Land, situate, lying and being in Land Lots 367, 368, 369, 377, 378, 379, 380, 381, 382 and 383 of the Third Land District, 389th G. M. District, Putnam County Georgia, Defendant, Mrs. Nellie W. LARMAN, et al., Defendants-Appellants. GEORGIA POWER COMPANY, Plaintiff-Appellee, v. 532.82 Acres of Land, situate, lying and being in the 145th G. M. District, Greene County, Georgia, Defendant, Clifford H. DYAR, Jr., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 27, 1980.

Attorney(s) appearing for the Case

George D. Lawrence, Jr., Eatonton, Ga., for defendants-appellants in all cases.

Charles H. Brown, Statesboro, Ga., for defendants-appellants in 77-1775.

Wallace Miller, Jr., W. Warren Plowden, Jr., Macon, Ga., for Georgia Power Co. in all cases.

Kenneth L. Millwood, Bruce H. Beerman, Atlanta, Ga., for defendants-appellants in 77-1776.

Before COLEMAN, Chief Judge, BROWN, AINSWORTH, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, RANDALL, TATE, SAM D. JOHNSON, and THOMAS A. CLARK, Circuit Judges.

RANDALL, Circuit Judge:

These condemnation cases present the issue whether compensation should be determined under federal law or under the law of the state where the condemned property is located when a licensee of the Federal Energy Regulatory Commission (the Commission)1 exercises the power of eminent domain in federal court as authorized by Section 21 of the Federal Power Act, 16 U.S.C. § 814 (1976). If federal law is chosen,...

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