United States v. Board of Education, 7548.
Decision Date | 27 February 1958 |
Docket Number | No. 7548.,7548. |
Citation | 253 F.2d 760 |
Parties | UNITED STATES of America, Appellant, v. The BOARD OF EDUCATION OF THE COUNTY OF MINERAL, Appellee. In the Matter of UNITED STATES of America, Plaintiff, v. 3.99 ACRES OF LAND, MORE OR LESS, situate in MINERAL COUNTY, WEST VIRGINIA, The Board of Education of the County of Mineral, etc., Defendants. |
Court | U.S. Court of Appeals — Fourth Circuit |
Harold S. Harrison, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Albert M. Morgan, U. S. Atty., Robert J. Schleuss, Asst. U. S. Atty., Fairmont, W. Va., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.
Clarence E. Martin, Jr., Martinsburg, W. Va., and Donald C. Hott, Keyser, W. Va., for appellee.
Thomas B. Finan, City Sol., Cumberland, Md., for the Mayor and City Council of Cumberland, a municipal corporation, as amicus curiae.
Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.
This is an appeal by the United States from a judgment on a jury verdict awarding damages to the Board of Education of Mineral County, West Virginia, for the taking of a portion of the property of the Ridgely, West Virginia, high school in connection with a flood control project on the Potomac River. In the condemnation proceeding the United States acquired fee simple title to 3.42 acres of the high school property and a temporary easement over 0.57 of an acre. The high school property prior to the taking embraced approximately eight acres and the evidence was that the high school could not be properly operated with less acreage than that. There was evidence to the effect that the high school property was worth approximately $400,000, that it would not be feasible to move the high school and that the value of adjacent property to take the place of the lands condemned was approximately $200,000. The case was submitted to the jury with instructions that its award embrace the value of the property taken plus damages to the residue less any benefits which might accrue to the residue as the result of the construction of the project, with the further instruction that, if the jury should find that the property taken had no market value, it might consider the cost of acquiring adjacent property in substitution for the property taken. The jury returned a verdict for $97,500 and from judgment in accordance therewith the government brings this appeal.
The complaint of the government is that the Board was allowed to introduce evidence of the value of the adjacent property which it would have to acquire if the acreage taken by the government was to be replaced and that the jury was allowed to consider this in arriving at a verdict, the contention of the government being that only market value could be considered in awarding damages. The portion of the charge to which exception was taken is as follows:
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