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U.S. v. 69.1 ACRES OF LAND

No. 90-2215.

942 F.2d 290 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. 69.1 ACRES OF LAND, More or Less, SITUATED IN PLATT SPRINGS TOWNSHIP, the COUNTY OF LEXINGTON, STATE OF SOUTH CAROLINA; Heyward G. Robinson, Unknown Others, et al., Defendants-Appellees, and Florence S. Habenight; Betty H. Park; Hermine H. Brown, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1991.

Attorney(s) appearing for the Case

Albert M. Ferlo, Jr., U.S. Dept. of Justice, Washington, D.C., argued (Richard B. Stewart, Asst. Atty. Gen., Jacques B. Gelin, U.S. Dept. of Justice, Washington, D.C., E. Bart Daniel, U.S. Atty., Wistar D. Stuckey and R. Emery Clark, Asst. U.S. Attys., Columbia, S.C., on brief), for plaintiff-appellant.

Frank Rogers Ellerbe, III, Robinson, McFadden & Moore, P.C., Columbia, S.C., for defendants-appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and HALL and PHILLIPS, Circuit Judges.

OPINION

K.K. HALL, Circuit Judge:

The United States appeals a condemnation award of $456,900 for 69.1 acres of a 269.1 acre tract of undeveloped land. In particular, it challenges the district court's finding that the highest and best use of the property was commercial sand mining. Because the district court's finding was not clearly erroneous, we affirm.

I.

For many years, the United States has leased 69.1 acres of Sand Mountain in rural...

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