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UNITED STATES v. 434.00 ACRES OF LAND

No. 85-8776.

792 F.2d 1006 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. 434.00 ACRES OF LAND MORE OR LESS, IN the COUNTY OF CAMDEN, STATE OF GEORGIA; and Michael R. Nettles, et al., Defendants, Edward Leroy Cornelly, Jr., Harry B. Mahon, Melodie H. Mahon, Lacy Mahon, and Nancy Mahon, Richard A. Altobellis, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 27, 1986.

Attorney(s) appearing for the Case

David W. Foerster, Lacy Mahon, Jr., Jacksonville, Fla., for owner of parcel 33.

Edmund A. Booth, Jr., Asst. U.S. Atty., Augusta, Ga., Sarah P. Robinson, Dept. of Justice, Washington, D.C., for plaintiff appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

JOHNSON, Circuit Judge:

The United States government had earlier secured an easement over parcels of land owned by the appellants. Now the government seeks to take these properties in exchange for just compensation. Under our Constitution private property is, in all cases, held subject to the exigencies of the public good. "The constitutional guarantee of just compensation is not a limitation of the power to take, but only...

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