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U.S. v. 42.13 ACRES OF LAND

No. 93-16248.

73 F.3d 953 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. 42.13 ACRES OF LAND, Defendant, and Pacific Gas and Electric Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1996.

Attorney(s) appearing for the Case

Richard Murray, McCutchen, Doyle, Brown & Enersen, San Francisco, California, for defendant-appellant.

Robert L. Klarquist, United States Department of Justice, Washington, DC, for plaintiff-appellee.

Before REINHARDT, THOMPSON and KLEINFELD, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge:

The issue in this case is whether a federal condemnation award has to include the value of an expectation of renewal of a federal license.

I

FACTS

The Federal Power Commission issued a license pursuant to the Federal Power Act, 16 U.S.C. §§ 791a, 797(e), et seq., to Pacific Gas & Electric Company (PG & E) in 1929, to use federal land on the Stanislaus River for a dam,...

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