U.S. v. 194.08 ACRES OF LAND

No. 95-30916.

135 F.3d 1025 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. 194.08 ACRES OF LAND, MORE OR LESS, SITUATED IN ST. MARTIN PARISH, STATE OF LOUISIANA, Defendant, Daniel A. Wiltz; and Juanita Ellis Wiltz, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 9, 1998.


Attorney(s) appearing for the Case

William Brandt Lazarus, Washington, DC, Eric Williams, Robert L. Klarquist, U.S. Dept. of Justice, Env. & Natural Resources Div., General Litigation Section, Washington, DC, Carl Edward Perry, INS, Oakdale, LA, for Plaintiff-Appellee.

Ronald J. Judice, Roy, Bivens, Judice & Henke, Lafayette, LA, for Defendants-Appellants.

Before POLITZ, Chief Judge, and EMILIO M. GARZA and STEWART, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Daniel and Juanita Wiltz (the "Wiltzes") appeal the district court's grant of summary judgment in favor of the United States. The district court invalidated the conveyance of a deer hunting servitude from a previous owner to the Wiltzes because the government had already condemned the property that the servitude burdened and held that the government had the authority to condemn the servitude. We affirm.

I

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