United States v. 12,918.28 A. OF LAND IN WEBSTER PARISH

• Decision Date: 25 June 1943
• Docket Number: No. 498.,498.
• Citation: 50 F. Supp. 712
• Parties: UNITED STATES v. 12,918.28 ACRES OF LAND IN WEBSTER PARISH, LA., et al.
• Court: U.S. District Court — Western District of Louisiana

50 F. Supp. 712

UNITED STATES v. 12,918.28 ACRES OF LAND IN WEBSTER PARISH, LA., et al.

No. 498.

District Court, W. D. Louisiana, Shreveport Division.

June 25, 1943.

COPYRIGHT MATERIAL OMITTED

R. D. Watkins, of Minden, La., for Mrs. Kate Jackson Crichton and others.

A. S. Drew, of Minden, La., and Dale, Richardson & Dale, of Vidalia, La., for M. D. Saucier.

PORTERIE, District Judge.

The War Department of the United States found that it was necessary to the war effort to condemn 12,918.28 acres of land situated in the parish of Webster, Louisiana, for the purpose of constructing an ordnance plant for the production of explosive powder. Accordingly, the above-captioned suit was filed for the purpose of condemning this acreage.

These condemnation proceedings were instituted on July 3, 1941. The petition, paragraph 1, states: "In accordance with and pursuant to the provisions contained in the Act of Congress approved August 18, 1890 (26 Stat. 316), as amended July 2, 1917 (40 Stat. 241) and April 11, 1918 (40 Stat. 518; 50 USC Sec. 171 50 U.S. C.A. § 171) the Act of Congress approved March 11, 1941 (Public No. 11-77th Congress 22 U.S.C.A. § 411 et seq.), and the Act of Congress approved March 27, 1941 (Public No. 23 — 77th Congress 55 Stat. 53), the Secretary of War has determined that it is necessary and advantageous to the interest of the United States of America that certain land and appurtenances hereinafter described be acquired by the United States of America for military purposes in connection with the erection and establishment of a shell loading plant to meet the needs of ordnance requirements."

Paragraph 2 of the petition states: "That pursuant to this finding the Secretary of War has selected the hereinafter described land and has designated that said land in fee simple title, subject to the exceptions hereinafter noted, is suitable and necessary for the purposes of the United States of America, and that said selection, designation and determination is now in full force and effect, and the said Secretary of War has determined that said land should be condemned by judicial proceedings pursuant to pertinent acts of Congress."

The Government, in paragraph 4 of its petition, states, in part, as follows: "* * * upon the filing of the petition for the condemnation of any land to be acquired for such purposes, immediate possession thereof may be taken to the extent of the interest to be acquired and the lands may be occupied and used for military purposes, without the necessity of any deposit being made at the time of said filing."

In its petition, the Government did not describe the property that is being condemned in the separately owned tracts. The description is by meander of the perimeter of the entire tract.

In paragraph 8 appear the names, among many others, of "T. Crichton, Jr., Minden, La.," and "T. Crichton, Jr., Trustee, Minden, La.," as purported owners of some of the land being condemned. Though the names of Mrs. Kate Jackson Crichton, Mrs. Kate Crichton Gredler, and Powell Crichton do not appear in the list, they are included under "Trustee" above.

Paragraph 10 states that all additional owners are made parties to the suit: "That all of the owners and the claimants named in Paragraph 8 above are made parties defendant hereto and also any and all additional persons, firms or corporations who may have or claim to have any interest, title or right in and to the land herein sought to be condemned, and it is requested that a curator ad hoc be appointed by the Court to represent any and all such unknown owners or claimants."

The prayer of the Government's petition filed July 3, 1941, follows:

"Wherefore, the premises considered, and to the end that all and singular the interest and title to the extent described in and to the lands hereinabove described in this petition, and sought to be taken, may be acquired by the United States of America by condemnation, in accordance with the several statutes and Acts of Congress in such cases made and provided, your petitioner prays that the defendants herein mentioned be duly cited according to law to appear and make answer hereto, and that the necessary orders of notice to the owners or persons interested in said property be endorsed hereon and for such orders as may be necessary for the listing, drawing and summoning of a jury of freeholders to determine the amount of compensation to be paid for the expropriation of said property;

"Petitioner further prays that a curator ad hoc be appointed to represent all absentees and unknown persons, firms or corporations who may have an interest in the aforesaid property; (Emphasis added.)

"Petitioner further prays that the court issue such orders, judgments and decrees as may be necessary to give the United States of America the right to take immediate possession of the interest and title to the extent above described, and proceed with the public works thereon as have been authorized by Congress;

"Petitioner further prays that after due delays and formalities the hereinabove interest and title to the land hereinabove described, which is the subject matter of this suit, be adjudged to your petitioner, the United States of America, upon payment of the amount of just compensation according to the verdict of the jury and the judgment upon such verdict as may be rendered herein in accordance with law; * * *."

An order of the court followed dated July 3, 1941, appointing Coleman Lindsey, Attorney at Law, curator ad hoc to represent all absentees and unknown persons, firms or corporations owning, or claiming to own, any right, title, interest or estate in, or any lien, encumbrance, easement or charge against the property described in the petition.

By virtue of an order signed by the Court on July 3, 1941, the United States of America was given immediate possession of the land described in the original petition filed herein on July 3, 1941.

After filing the original petition on July 3, 1941, and obtaining the order of immediate possession referred to hereinabove, the Secretary of War deemed it advisable to invoke the provisions of the Act of Congress approved February 26, 1931, 46 Stat. 1421, 40 U.S.C.A. § 258a and accordingly, declaration of taking No. 10 was filed on April 9, 1942, and was recorded in Webster Parish, Louisiana, on April 11, 1942. This declaration included tracts Nos. A-12; A-38 and D-1, the tracts involved in this controversy between Crichton and Saucier. In the judgment of declaration of taking, under the heading "Names of Purported Owners" to tract No. A-12 and tract No. D-1 appear, in the order named, first the names of the four Crichtons, then "Heirs of T. B. Neal", "Clarence A. Chandler", followed then by the names of four other persons, and finally appears "M. D. Saucier, Baton Rouge, La." The appearance of the name of M. D. Saucier, Baton Rouge, La., as a purported owner can be predicated only on his deed of October 31, 1923, from Mrs. Ida F. Neal, widow of T. B. Neal, for his second deed (and there are only two) had not been executed at this time. Then, under the heading of "Names of purported owners" of tract No. A-38 are given the following names: "Heirs of T. B. Neal, unknown", "Heirs of the person, if any, to whom T. B. Neal was married on April 2, 1884", "Widow and heirs of T. Crichton, deceased", and the names of two other persons; but it is noted that the name of M. D. Saucier is absent.

The Government then filed, on June 19, 1942, a supplemental petition and among other things prayed for a jury of freeholders to determine the amount of compensation to be paid for the expropriation of said property, including tracts Nos. A-12, A-38 and D-1. The Government also prayed that "after due delays and formalities, the hereinabove interest and title to the land hereinabove described, which is the subject matter of this suit, be adjudged to your petitioner, the United States of America, upon payment of the amount of just compensation according to the verdict of the jury and the judgment upon such verdict as may be rendered herein in accordance with law;". This provision of the prayer applied to the three tracts here in controversy. The prayer also refers to the property to be taken as that "sought to be taken * * * by the United States of America by condemnation * * *."

In this petition, the declarations of taking are all itemized, with the tract of land under each fully described, and the same names appear under the respective tracts as are stated above to have appeared in the judgment in declaration of taking.

The order of the court signed June 19, 1942, pursuant to the supplemental petition, provided that a jury of freeholders be summoned to try the issues between the Government and the defendants.

The Crichtons and Saucier, and others, were again cited to appear and assert their claims. Saucier was served with the original petition of July 3, 1941 (though his name was not listed) when he was served with the declaration of taking and with the supplemental petition of June 19, 1942 (his name listed then).

On August 17, 1942, Thomas Crichton, Jr., Mrs. Kate Jackson Crichton, Mrs. Kate Crichton Gredler, and Powell Crichton filed a claim under the Government's original petition of July 3, 1941, and under the Government's supplemental petition on declaration of taking Nos. 1 to 10, inclusive, of June 19, 1942. This latter supplemental petition included Tracts A-12, A-38 and D-1, but the claim of the Crichtons was only as to Tracts A-2, B-37, A-5, A-29, B-31 and D-28, as to which they were the sole claimants, and for which they requested payment. The last paragraph of the prayer was as follows: "Defendants further pray that their rights to other lands within the area condemned by plaintiff in this proceeding and not at issue at this time, be reserved until such time as the matter is finally heard."

Under the prayer of the government that a curator ad hoc be appointed to...