U.S. v. 1.33 ACRES, SITUATED IN THE COUNTY OF SAN LUIS OBISPO

No. 92-55221.

9 F.3d 70 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. 1.33 ACRES, SITUATED IN THE COUNTY OF SAN LUIS OBISPO, Defendant, and Louis Fiscalini, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1993.


Attorney(s) appearing for the Case

Keith R. Denny, Ogle & Merzon, Morro Bay, CA, for defendant-appellant.

Peter A. Appel, Environment and Natural Resources Div., Washington, DC, for plaintiff-appellee.

Before: GIBSON, HALL and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

The federal government sold a landlocked parcel of real estate accessible by a road over Mr. Fiscalini's property. Several lawsuits arose regarding the sale and the easement. The government condemned the easement to settle the disputes. Mr. Fiscalini appeals the district court's decision, claiming that the government did not have the power to condemn the easement. We affirm.

I. Facts.

In 1983, the General Services Administration...

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