UNITED STATES v. TILTON

No. 82-5196.

705 F.2d 429 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. John V. TILTON, Brenda Tilton and I.T.T. Rayonier, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 19, 1983.


Attorney(s) appearing for the Case

C. Ray Greene, Jr., Jacksonville, Fla., for Tilton and Tilton.

Robert S. Yerkes, Asst. U.S. Atty., Jacksonville, Fla., Laura Frossard, Edward Shawaker, Robert L. Klarquist, Ellen J. Durkee, Appellate Section, Land & Natural Resources Div., Washington, D.C., for plaintiff-appellee.

Before FAY and VANCE, Circuit Judges, and ALLGOOD, District Judge.


VANCE, Circuit Judge:

In 1975 defendants John and Brenda Tilton became the owners of 151 acres of land in Putnam County, Florida adjacent to the St. Johns River, a navigable stream. The land contains a pecan grove, pasture lands on which Mr. Tilton raises cattle and a wetlands area or freshwater swamp. The wetlands are separated from the river by an earthen berm thirty or more feet in width with an old roadway on it. There is no direct or indirect surface connection...

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