WASHINGTON METRO., ETC. v. ONE PARCEL OF LAND, ETC.

Civ. Nos. HM 80-2872, R 80-2929, JH 80-2512, H 80-3012, N 80-2178, M 80-2662, HM 80-2177 and HM 80-2507.

549 F.Supp. 584 (1982)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN MONTGOMERY COUNTY, MARYLAND, Jerome Snider, et al., and Unknown Owners. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN MONTGOMERY COUNTY, MARYLAND, Dale Associates, et al., and Unknown Owners. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN MONTGOMERY COUNTY, MARYLAND, Ronald M. and Catherine J. Beard, et al., and Unknown Owners. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN MONTGOMERY COUNTY, MARYLAND, George A. Herbert and Aileen H. Herbert, et al., and Unknown Owners. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN MONTGOMERY COUNTY, MARYLAND, Marie A. Halleren, et al., and Unknown Owners. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN MONTGOMERY COUNTY, MARYLAND, Phillis B. Watson, et al., and Unknown Owners. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN MONTGOMERY COUNTY, MARYLAND, Roy M. Coffman, et al., and Unknown Owners. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. ONE PARCEL OF LAND IN MONTGOMERY COUNTY, MARYLAND, Pauline C. Hardy, et al., and Unknown Owners.

United States District Court, D. Maryland.

September 20, 1982.


Attorney(s) appearing for the Case

Donald F. Rosendorf and John L. Davis, U.S. Dept. of Justice, Land Acquisition, Washington, D.C., for plaintiff.

R. Edwin Brown, Rockville, Md., for defendants.

Before EDWARD S. NORTHROP, Senior District Judge, and ALEXANDER HARVEY, II, JAMES R. MILLER, Jr., HERBERT F. MURRAY, JOSEPH C. HOWARD and RAMSEY, District Judges.


MEMORANDUM

I.

There are eight condemnation cases filed by the plaintiff pursuant to the Declaration of Taking Act, 40 U.S.C. § 258a (1976), to condemn deep underground easements in the defendants' properties, through which the tunnels containing the Washington Metro subway will run. The easements condemned by the plaintiff include the right to "review but not to approve plans and specifications for excavation or construction above or adjacent to"...

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