U.S. v. 177.51 ACRES OF LAND, ETC.

No. 83-1043.

716 F.2d 78 (1983)

UNITED STATES of America, Plaintiff, Appellee, v. 177.51 ACRES OF LAND, MORE OR LESS, SITUATED IN the TOWNS OF EASTHAM, TRURO, AND WELLFLEET, COUNTY OF BARNSTABLE, COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellees. Sallie E. Johnson Lappanen, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 29, 1983.


Attorney(s) appearing for the Case

John D. Hallisey, Orleans, Mass., for defendants, appellants.

Joseph McGovern, Asst. U.S. Atty., Boston, Mass., with whom Carol E. Dinkins, Asst. Atty. Gen., William F. Weld, U.S. Atty., Boston, Mass., Jacques B. Gelin, Attorney, Dept. of Justice, and Claire L. McGuire, Attorney, Dept. of Justice, Washington, D.C., were on brief, for the United States of America.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and TORRUELLA, District Judge.


BOWNES, Circuit Judge.

This is a consolidated appeal by landowners from district court judgments awarding compensation for twelve tracts of land condemned by the United States to expand the Cape Cod National Seashore. The awards were based on the reports of a three-member commission appointed pursuant to Federal Rule of Civil Procedure 71A(h). It is undisputed that the highest and best use of the land in question is for residential homesite development. On appeal...

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