UNITED STATES of America, Plaintiff-Appellee,
v.
CONSOLIDATED MAYFLOWER MINES, INC., Defendant-Appellant,
Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreational Fonds, Defendants-Intervenors-Appellees, and
18.57 Acres Land, more or less located in Central Wasatch County, State of Utah, Defendant.
UNITED STATES of America, Plaintiff-Appellee,
v.
18.57 ACRES OF LAND, more or less located in Central Wasatch County, State of Utah, Defendant, and
Consolidated Mayflower Mines, Inc., Defendant-Appellee,
Stichting Mayflower Mountain Fonds, Stichting Mayflower Recreational Fonds, Defendants-Intervenors-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 24, 1995.
July 24, 1995.
Attorney(s) appearing for the Case
E. Scott Savage (Patrick J. O'Hara, with him on the brief), Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, UT, for defendant Consolidated Mayflower Mines, Inc.
E. Craig Smay, Salt Lake City, UT, for defendants Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreational Fonds.
Joan M. Pepin, U.S. Dept. of Justice, Washington, DC (Lois J. Schiffer, Acting Asst. Atty. Gen., U.S. Dept. of Justice, Washington, DC, Scott M. Matheson, Jr., U.S. Atty. for Dist. of Utah, Salt Lake City, UT, Stephen J. Sorenson, Asst. U.S. Atty. for Dist. of Utah, Salt Lake City, UT, Jacques B. Gelin and Eric G. Williams, U.S. Dept. of Justice, Washington, DC, with her on the brief), for plaintiff.
Before TACHA, FAIRCHILD, and LOGAN, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
FAIRCHILD, Senior Circuit Judge.
These appeals, argued the same day, arise from a condemnation trial.1 The government, pursuant to its power of eminent domain, took 18.22 acres of land, except subsurface minerals, owned by Consolidated Mayflower Mines, Inc. ("CMMI"), for relocation of United States Highway 40 and a natural gas pipeline due to construction of a dam and reservoir near Heber City, Utah. The taking date was March 22, 1988...
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