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U.S. v. 6.45 ACRES OF LAND

No. 03-2305.

409 F.3d 139 (2005)

UNITED STATES of America, Appellant v. 6.45 ACRES OF LAND, more or less, situated in Cumberland Township, Adams County, Commonwealth of Pennsylvania; Hans G. Enggren; Christina A. Enggren, Husband and Wife, their Heirs and/or assigns; Unknown Owners; Unknown Lessees

United States Court of Appeals, Third Circuit.

Opinion filed: April 29, 2005.

Attorney(s) appearing for the Case

Thomas L. Sansonetti, Assistant Attorney General, Todd S. Aagaard, Esquire (Argued), Robert Oakley, Esquire, Marc Gordon, Esquire, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellant.

Lawrence R. Wieder, Esquire (Argued), David E. Lehman, Esquire, NcNees, Wallace & Nurick, Harrisburg, PA, John C. Goodchild, III, Esquire (Argued), Catherine E. Gillespie, Esquire, Marisel Acosta, Esquire, Timothy D. Mygatt, Esquire, Morgan, Lewis & Bockius, Philadelphia, PA, Irwin W. Aronson, Esquire, Willig, Williams & Davidson, Harrisburg, PA, for Appellees.

Before: AMBRO, ALDISERT and STAPLETON, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

The United States appeals from the District Court's judgment awarding compensation to Overview Limited Partnership ("Overview") and Hans and Christina Enggren (the "Enggrens") pursuant to the Government's taking of 6.45 acres of land in the Gettysburg National Military Park. The Government asserts that the District Court impermissibly failed to apply the "unit rule" of valuation in determining the fair market value...

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