Stephenson Brick Co. v. United States, 9302.

• Decision Date: 15 March 1940
• Docket Number: No. 9302.,9302.
• Citation: Stephenson Brick Co. v. United States, 110 F.2d 360 (5th Cir. 1940)
• Parties: STEPHENSON BRICK CO. v. UNITED STATES ex rel. and for Use of TENNESSEE VALLEY AUTHORITY. UNITED STATES ex rel. and for Use of TENNESSEE VALLEY AUTHORITY v. STEPHENSON BRICK CO.
• Court: U.S. Court of Appeals — Fifth Circuit

110 F.2d 360 (1940)

STEPHENSON BRICK CO. v.UNITED STATES ex rel. and for Use of TENNESSEE VALLEY AUTHORITY.

UNITED STATES ex rel. and for Use of TENNESSEE VALLEY AUTHORITY v.STEPHENSON BRICK CO.

No. 9302.

Circuit Court of Appeals, Fifth Circuit.

March 15, 1940.

J. T. Stokely, of Birmingham, Ala., for appellant and cross-appelleeStephenson Brick Co.

William C. Fitts, Jr., General Counsel, Tennessee Valley Authority, of Knoxville, Tenn., and H.James Hitching, Asst. General Counsel, Tennessee Valley Authority, of Chattanooga, Tenn., for appellee and cross-appellant.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

PER CURIAM.

This is a proceeding by the United States to condemn land of Stephenson Brick Company lying along the south bank of the Tennessee River at Decatur, Alabama, under the Act of May 18, 1933, Sect. 25,48 Stat. 70,16 U.S.C.A. § 831x.Commissioners took evidence and fixed a sum to be paid for the property taken.Their finding was appealed to three district judges who fixed a sum of $97,500.This judgment has been appealed by both parties to this court under Section 25 of the Act.Upon considering the record and the argument we find that the land taken is a part of a larger tract which at the time of the taking was used as a unit for a brick manufacturing plant and that the severance of the part taken did destroy the usefulness and value of the plant, so that what remained had the value only of disorganized land and buildings, and the machinery comprised in the plant had only the value of such second-hand property.The owner is entitled to be compensated not only for the separate value of the land taken, but also for the...