United States v. 76,800 ACRES, MORE OR LESS, OF LAND

CourtUnited States District Courts. 11th Circuit. United States District Court (Southern District of Georgia)
Writing for the CourtShelby Myrick, of Savannah, Ga., for C. R. Stanford
Citation44 F. Supp. 653
PartiesUNITED STATES v. 76,800 ACRES, MORE OR LESS, OF LAND, IN BRYAN AND LIBERTY COUNTIES, GA., et al.
Decision Date20 April 1942

44 F. Supp. 653

UNITED STATES
v.
76,800 ACRES, MORE OR LESS, OF LAND, IN BRYAN AND LIBERTY COUNTIES, GA., et al.

District Court, S. D. Georgia, Savannah Division.

April 20, 1942.


J. Saxton Daniel, U. S. Dist. Atty., and Chas. D. Russell, Sp. Asst., and Green B. Everitt, Asst., all of Savannah, Ga., for the United States.

Shelby Myrick, of Savannah, Ga., for C. R. Stanford.

LOVETT, District Judge.

The question for decision is where the burden of proof rests in a case of land taken in condemnation by the United States, there being an issue only as to just compensation for the taking. The public use, the necessity for the taking, and compliance with the statutes are admitted by the landowner (defendant), but he asserts the value is higher than the government's estimate of just compensation deposited in the registry of the court.

The proceeding is under the act of August 1, 1888, 25 Stat. 357, 40 U.S.C.A. § 257 et seq., though a declaration of taking has been filed under the act of February 26, 1931, 46 Stat. 1421, 40 U.S.C.A. § 258a. By Section 2 of the act of 1888, 40 U.S.C.A. § 258, the practice, pleadings, forms and modes of proceedings shall conform, as near as may be, to the practice in courts of record of the state. Under the state practice in Georgia, the condemnor stands in the relation of plaintiff, and the condemnee as defendant; and the burden of proof is on the condemnor to establish by a preponderance of the evidence what amount of money constitutes just and adequate compensation. Streyer v. Georgia Southern & Florida R. R. Co., 90 Ga. 56, 15 S.E. 637; Georgia Power Co. v. McCrea, 46 Ga.App. 279(2), 167 S.E. 542; State Highway Board v. Shierling, 51 Ga.App. 935, 936(3), 181 S.E. 885.

See, also, United States v. Sixty Acres of Land, D.C., 28 F.Supp. 368

It is urged by the condemnee that because the declaration of taking act of 1931 has been utilized in this case, the act of 1888 is no longer applicable; that the act of 1931 makes the conformity section of the act of 1888 inoperative, as the later statute exhausts the field of procedure. I can not agree. The act of 1931 is only a supplementary statute, permissive in its nature. By its express terms it can be invoked only in a proceeding which has been or may be instituted by and in the name of and under the authority of the United States for the acquisition of land, etc., for public use. The chief purpose of the declaration of taking act is to let the United...

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6 practice notes
  • United States v. 70.39 Acres of Land, Civ. No. 1506-SD.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • July 10, 1958
    ...upon a deposit in court. See United States v. 76,800 Acres, More or Less, of Land, in Bryan and Liberty Counties, Ga., D.C.S.D.Ga.1942, 44 F.Supp. 653; United States v. 17,280 Acres of Land, More or Less, Situated in Saunders County, Neb., D.C.D. Neb.1942, 47 F.Supp. 267 * * The note to sub......
  • United States v. A Certain Tract or Parcel of Land, No. 155.
    • United States
    • United States District Courts. 11th Circuit. United States District Court (Southern District of Georgia)
    • September 24, 1942
    ...Highway Board v. Shierling, 51 Ga.App. 935, 936(3), 181 S.E. 885; United States v. 76,800 Acres, More or Less, of Land, etc., D.C., 44 F. Supp. 653.4 In none of these cases, however, does it appear that the condemnor refused to allege a value, or that the condemnee in his pleadings admitted......
  • United States v. 1,997.66 ACRES OF LAND, MORE OR LESS, ETC., No. 12483.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • August 13, 1943
    ...Title 40 U.S. C.A.) is an additional or supplemental permissive right (§ 258a, § 258d, United States v. 76,800 Acres, etc., D.C.S.D.Ga., 44 F.Supp. 653, 654) given the Government for the main object of speedily acquiring title and possession pending determination of the amount of damages in......
  • United States v. Bauman, Civil Action No. 1594.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • December 6, 1943
    ...1 40 U.S.C.A. § 258. This statute is unaffected by the passage of 40 U.S.C.A. § 258a. United States v. 76,800 Acres, More or Less, D.C., 44 F.Supp. 653. 2 Rule 81(a)(7), 28 U.S.C.A. following section 3 O.C.L.A. §§ 1-1004, 1-1006. 4 O.C.L.A. § 1-1012. 5 O.C.L.A. § 1-1006; O.C.L.A. § 1-1012; ......
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6 cases
  • United States v. 70.39 Acres of Land, Civ. No. 1506-SD.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • July 10, 1958
    ...upon a deposit in court. See United States v. 76,800 Acres, More or Less, of Land, in Bryan and Liberty Counties, Ga., D.C.S.D.Ga.1942, 44 F.Supp. 653; United States v. 17,280 Acres of Land, More or Less, Situated in Saunders County, Neb., D.C.D. Neb.1942, 47 F.Supp. 267 * * The note to sub......
  • United States v. A Certain Tract or Parcel of Land, No. 155.
    • United States
    • United States District Courts. 11th Circuit. United States District Court (Southern District of Georgia)
    • September 24, 1942
    ...Highway Board v. Shierling, 51 Ga.App. 935, 936(3), 181 S.E. 885; United States v. 76,800 Acres, More or Less, of Land, etc., D.C., 44 F. Supp. 653.4 In none of these cases, however, does it appear that the condemnor refused to allege a value, or that the condemnee in his pleadings admitted......
  • United States v. 1,997.66 ACRES OF LAND, MORE OR LESS, ETC., No. 12483.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • August 13, 1943
    ...Title 40 U.S. C.A.) is an additional or supplemental permissive right (§ 258a, § 258d, United States v. 76,800 Acres, etc., D.C.S.D.Ga., 44 F.Supp. 653, 654) given the Government for the main object of speedily acquiring title and possession pending determination of the amount of damages in......
  • United States v. Bauman, Civil Action No. 1594.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • December 6, 1943
    ...1 40 U.S.C.A. § 258. This statute is unaffected by the passage of 40 U.S.C.A. § 258a. United States v. 76,800 Acres, More or Less, D.C., 44 F.Supp. 653. 2 Rule 81(a)(7), 28 U.S.C.A. following section 3 O.C.L.A. §§ 1-1004, 1-1006. 4 O.C.L.A. § 1-1012. 5 O.C.L.A. § 1-1006; O.C.L.A. § 1-1012; ......
  • Request a trial to view additional results

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