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TRANSWESTERN PIPELINE v. 17.19 ACRES OF PROPERTY

No. 09-16850.

627 F.3d 1268 (2010)

TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff-Appellee, v. 17.19 ACRES OF PROPERTY LOCATED IN MARICOPA COUNTY, more of less; First National Bank of Olathe, a Kansas corporation; J. Lawrence McCormley; Unknown Owners, Defendant, and Agua Fria Investments, LLC, a Delaware limited liability company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2010.

Attorney(s) appearing for the Case

Steven A. Hirsch , Bryan Cave LLP, Phoenix, AZ, for defendant-appellant Agua Fria Investments LLC.

John J. Egbert and Michael J. O'Connor , Jennings, Strouss & Salmon, P.L.C., Phoenix, AZ, for plaintiffs-appellees Transwestern Pipeline Co., LLC.

Before: RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.

OPINION

IKUTA, Circuit Judge:

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655 (the Act) sets forth procedures for land acquisitions by certain federal and federally assisted programs. Among other things, the Act allows a landowner to seek reimbursement of specified costs and fees incurred in connection with a condemnation proceeding instituted by a "Federal agency" (as defined) if "the...

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