U. S. v. 103.38 ACRES OF LAND, MORE OR LESS, ETC.

No. 79-3165.

660 F.2d 208 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. 103.38 ACRES OF LAND, MORE OR LESS, SITUATED IN MORGAN COUNTY, COMMONWEALTH OF KENTUCKY; Frank D. Oldfield; Doris Oldfield; and Addington Brothers Mining Company, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1981.


Attorney(s) appearing for the Case

Henry R. Wilhoit, Jr., Wilhoit & Wilhoit, Grayson, Ky., for Frank and Doris Oldfield.

C. F. Bagley, Robert K. Emerson, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W.Va., for Addington Bros. Min.

Patrick H. Molloy, U.S. Atty., Lexington, Ky., James W. Moorman, Carl Strass, Joshua I. Schwartz, Lands and Natural Resources Div., U.S. Dept. of Justice, Laura Frossard, Anthony C. Liotta and Edward J. Shawaker, Washington, D.C., for the United States.

Before EDWARDS, Chief Judge, BOYCE F. MARTIN, Jr., Circuit Judge, and PHILLIPS, Senior Circuit Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

This case requires us to review the methods of property valuation which may properly serve as the basis of an award in federal eminent domain proceedings. Specifically, we must examine the types of evidence the trier of fact should consider in determining the value of condemned mineral-bearing property.

We are concerned with a 103-acre tract of unimproved land, purchased by appellants Frank and Doris Oldfield in 1968. The...

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