UNITED STATES v. CERTAIN PARCELS OF LAND, ETC.

No. 80-3177.

666 F.2d 1236 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN PARCELS OF LAND SITUATED IN the CITY OF VALDEZ, et al., Defendants, City of Valdez, Alaska, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1982.


Attorney(s) appearing for the Case

Kenneth P. Jacobus, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, for defendant-appellant.

Thomas H. Pacheco, Justice Dept., Washington, D. C., argued, for plaintiff-appellee; Rene J. Gonzalez, U. S. Atty., Anchorage, Alaska, James W. Moorman, Anne S. Almy, Washington, D. C., on brief.

Before SKOPIL, FLETCHER and FARRIS, Circuit Judges.


FLETCHER, Circuit Judge:

The City of Valdez1 appeals from a summary judgment in favor of the United States in a condemnation proceeding that involves a ferry terminal facility in the Valdez Small Boat Harbor. The district court held that the Government need not pay compensation for the dock and dolphins constituting the terminal facility because these improvements are subject to the navigation...

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