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LONG v. AREA MANAGER, BUREAU OF RECLAMATION

No. 99-4243.

236 F.3d 910 (2001)

Earl LONG, Appellant, v. AREA MANAGER, BUREAU OF RECLAMATION; United States Department of the Interior; United States of America; Secretary of the South Dakota Department of Game, Fish, and Parks; and State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 4, 2001.

Attorney(s) appearing for the Case

Andrew B. Reid, argued, Boulder, CO, for appellant.

M. Alice Thurston, Dept. of Justice, argued, Washington, DC, for United States of America.

Craig M. Eichstadt, Deputy Attorney General, argued, Pierre, SD, for State of South Dakota.

Before MORRIS SHEPPARD ARNOLD and JOHN R. GIBSON, Circuit Judges, and GOLDBERG, Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Earl Long owns property near the Angostura Reservoir, which is located south of Hot Springs, South Dakota. The land used to create the reservoir and an adjoining park was condemned by the federal government in 1949 and subsequently leased to the state of South Dakota. The reservoir and park are just west and south of Mr. Long's property (see map attached to this opinion).

Mr. Long sued under 28 U.S.C. § 2409a(a)...

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