UNITED STATES v. 37.28 ACRES OF LAND, MORE OR LESS

Civ. A. No. 78-1945.

510 F.Supp. 931 (1981)

UNITED STATES of America v. 37.28 ACRES OF LAND, MORE OR LESS, SITUATE IN BERKS COUNTY, COMMONWEALTH of PENNSYLVANIA, and Koziar's Christmas Village, Inc.

United States District Court, E. D. Pennsylvania.

March 27, 1981.


Attorney(s) appearing for the Case

John T. Farrell, Jr., Spec. Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.

Alan I. Baskin, Reading, Pa., for defendants.


MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Federal law requires the Government to specify not only the estate in land which it takes by eminent domain but also to articulate the intended use of the acquired land, see 40 U.S.C. § 258a, which can be condemned only for public purposes. Berman v. Parker, 348 U.S. 26, 75 S.Ct. 98, 99 L.Ed. 27 (1954), United States ex rel. T.V.A. v. Welch,

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