UNITED STATES v. 452.876 ACRES OF LAND, ETC.

No. 81-1224.

667 F.2d 442 (1981)

UNITED STATES of America, Appellant, v. 452.876 ACRES OF LAND, MORE OR LESS, IN the CITY OF VIRGINIA BEACH, COMMONWEALTH OF VIRGINIA, C. L. Pincus, Jr., Westinghouse Credit Corp., Sea Bay Development Corp., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1981.


Attorney(s) appearing for the Case

Robert D. Clark, Dept. of Justice, Washington, D. C. (Carol E. Dinkins, Asst. Atty. Gen., Washington, D. C., Justin W. Williams, U. S. Atty., Michael A. Rhine, Asst. U. S. Atty., Norfolk, Va., Dirk D. Snel, Dept. of Justice, Washington, D. C., on brief), for appellant.

A. Joseph Canada, Jr., Virginia Beach, Va., for appellee.

Before MURNAGHAN, SPROUSE and ERVIN, Circuit Judges.


MURNAGHAN, Circuit Judge:

The federal government condemned a perpetual restrictive use and clearance easement over two parcels, one of 126 acres, the other of 2 acres. The property subjected to the easement is located in Virginia Beach, Virginia, and the easement was acquired for purposes of the Oceana Naval Air Station.

The matter was referred, pursuant to Fed.R.Civ.P. 71A, to a commission of three persons appointed by the district court. The commission,...

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