United States v. 2,974.49 ACRES OF LAND, ETC., No. 8618.

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtSOPER and BRYAN, Circuit , and LARKINS
Citation308 F.2d 641
PartiesUNITED STATES of America, Appellant, v. 2,974.49 ACRES OF LAND, MORE OR LESS, IN CLARENDON COUNTY, SOUTH CAROLINA, and South Carolina Public Service Authority, et al., Appellees.
Docket NumberNo. 8618.
Decision Date17 September 1962

308 F.2d 641 (1962)

UNITED STATES of America, Appellant,
v.
2,974.49 ACRES OF LAND, MORE OR LESS, IN CLARENDON COUNTY, SOUTH CAROLINA, and South Carolina Public Service Authority, et al., Appellees.

No. 8618.

United States Court of Appeals Fourth Circuit.

Argued June 11, 1962.

Decided September 17, 1962.


308 F.2d 642

Edmund B. Clark, Atty., Dept. of Justice (Ramsey Clark, Asst. Atty. Gen., Terrell L. Glenn, U. S. Atty., Thomas P. Simpson, Asst. U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, on the brief), for appellant.

Walton J. McLeod, Jr., Waterboro, S. C. (W. D. Simpson, Moncks Corner, S. C., and Rogers & Riggs, Manning, S. C., on brief), for appellees.

Before SOPER and BRYAN, Circuit Judges, and LARKINS, District Judge.

LARKINS, District Judge.

On March 29, 1956 the South Carolina Public Service Authority (hereinafter referred to as the Authority) granted to the United States of America (hereinafter referred to as United States) a three-month option to purchase for the price of $105,000. approximately 3,000 acres of land in Clarendon County, South Carolina, for and on behalf of the Santee National Wildlife Refuge Project. No time limit for performance of the contract, if the option were accepted, was set forth in the option contract. On October 26, 1956 the option was extended to January 29, 1957 and the United States exercised the option in writing on December 21, 1956.

No further correspondence ensued between the parties until January 20, 1958 when the Authority advised the United States that it considered the delay of more than one year in making payment to be unreasonable and declared the option to be terminated. The United States replied on January 28, 1958 that it would complete acquisition. On May 6, 1958 the Authority stated that it definitely would not convey the property pursuant to the option contract.

On November 15, 1958 the United States filed a complaint in condemnation and a Declaration of Taking and deposited with the court, the sum of $105,000. as estimated compensation. An order for immediate possession was entered on February 13, 1959. In the complaint reference was made to the option agreement wherein the parties had agreed upon a purchase price of $105,000.

The Authority's motion for summary judgment to dismiss the complaint and vacate the Declaration of Taking was denied.

308 F.2d 643

The United States then moved for judgment on the pleadings and the district court denied the motion while deciding that a question of fact to be determined by a jury existed as to whether the United States had complied with its obligations under the option contract.

In October 1961, trial was held upon the sole issue of whether the United States had complied with the terms of the option contract to perform...

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13 practice notes
  • United States v. 6.584 Acres of Land, Civil Action No. 7:20-cv-00244
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • April 12, 2021
    ...review" and requiring an "ultra vires" standard of review); United States v. 2,974.49 Acres of Land, more or less, in Clarendon Cnty. , 308 F.2d 641, 643 (4th Cir. 1962) (emphasis added) ("Once it had determined that the condemnation was authorized by statute and that the statutory requirem......
  • United States v. 6.584 Acres of Land, CIVIL ACTION NO. 7:20-cv-00244
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • April 12, 2021
    ...review" and requiring an "ultra vires" standard of review); United States v. 2,974.49 Acres of Land, more or less, in Clarendon Cnty., 308 F.2d 641, 643 (4th Cir. 1962) (emphasis added) ("Once it had determined that the condemnation was authorized by statute and that the statutory requireme......
  • United States v. Smith, No. 22320.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 11, 1966
    ...United States v. Certain Parcels of Land, etc., 3 Cir. 1944, 144 F.2d 626; United States v. 2,974.49 Acres of Land, etc., 4 Cir. 1962, 308 F.2d 641; and Virgin Islands Housing Auth. v. 15.5521 U. S. Acres of Land, D.C.V.I. 1964, 230 F.Supp. 845, which are relied upon by the Hendersons, invo......
  • Utility Trailer Manufacturing Company v. United States, Civ. No. 1439-60-WM.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • December 28, 1962
    ...practice may properly be considered by the court, it is not conclusive in determining the legal tax consequences of any transaction." (308 F.2d at 641) --------...
  • Request a trial to view additional results
13 cases
  • United States v. 6.584 Acres of Land, Civil Action No. 7:20-cv-00244
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • April 12, 2021
    ...review" and requiring an "ultra vires" standard of review); United States v. 2,974.49 Acres of Land, more or less, in Clarendon Cnty. , 308 F.2d 641, 643 (4th Cir. 1962) (emphasis added) ("Once it had determined that the condemnation was authorized by statute and that the statutory requirem......
  • United States v. 6.584 Acres of Land, CIVIL ACTION NO. 7:20-cv-00244
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • April 12, 2021
    ...review" and requiring an "ultra vires" standard of review); United States v. 2,974.49 Acres of Land, more or less, in Clarendon Cnty., 308 F.2d 641, 643 (4th Cir. 1962) (emphasis added) ("Once it had determined that the condemnation was authorized by statute and that the statutory requireme......
  • United States v. Smith, No. 22320.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 11, 1966
    ...United States v. Certain Parcels of Land, etc., 3 Cir. 1944, 144 F.2d 626; United States v. 2,974.49 Acres of Land, etc., 4 Cir. 1962, 308 F.2d 641; and Virgin Islands Housing Auth. v. 15.5521 U. S. Acres of Land, D.C.V.I. 1964, 230 F.Supp. 845, which are relied upon by the Hendersons, invo......
  • Utility Trailer Manufacturing Company v. United States, Civ. No. 1439-60-WM.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • December 28, 1962
    ...practice may properly be considered by the court, it is not conclusive in determining the legal tax consequences of any transaction." (308 F.2d at 641) --------...
  • Request a trial to view additional results

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