UNITED STATES v. 0.21 ACRES OF LAND

No. 85-5608.

803 F.2d 620 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. 0.21 ACRES OF LAND, etc., Defendant, Forrest L. Harmon and Dona M. Harmon, Defendants-Appellants, Ochopee Rock, Inc., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied December 8, 1986.


Attorney(s) appearing for the Case

Toby Prince Brigham, Brigham, Moore, Muir, Gaylord, Schuster and Sachs, Alan DeSerio, Tallahassee, Fla., Gideon Kanner, Burbank, Cal., for defendants-appellants.

Albert M. Ferlo, Jr., Lombardi, Devorsetz, Stinziano & Smith, Syracuse, N.Y., Dirk D. Snel, Dept. of Justice, Land & Natural Resources Div., Appellate Section, Washington, D.C., for plaintiff-appellee.

Before FAY and JOHNSON, Circuit Judges, and HOFFMAN, Senior District Judge.


Rehearing and Rehearing En Banc Denied December 8, 1986.

JOHNSON, Circuit Judge:

Appellants, Forrest and Dona Harmon, appeal the order of the district court adopting the report of the Big Cypress Land Commission ("Commission") awarding appellants $2.1 million as just compensation for the taking of their property. We affirm.

I. BACKGROUND

On October 11, 1974, Congress authorized the development of the Big Cypress National Preserve, and pursuant...

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