United States v. Mock, No. 72-2068

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtRUSSELL and FIELD, Circuit , and BRYAN
Citation476 F.2d 272
Decision Date05 April 1973
Docket Number72-2069.,No. 72-2068
PartiesUNITED STATES of America, Appellee, v. Carl Turner MOCK et al., Appellants. UNITED STATES of America, Appellant, v. 1,472.0 ACRES OF LAND, etc., et al., Appellees.

476 F.2d 272 (1973)

UNITED STATES of America, Appellee,
v.
Carl Turner MOCK et al., Appellants.

UNITED STATES of America, Appellant,
v.
1,472.0 ACRES OF LAND, etc., et al., Appellees.

Nos. 72-2068, 72-2069.

United States Court of Appeals, Fourth Circuit.

Argued February 5, 1973.

Decided April 5, 1973.


476 F.2d 273

Prof. Eugene F. Mooney, University of Ky. School of Law, Lexington, Ky., for appellants in No. 72-2068 and for appellees in No. 72-2069.

Robert L. Klarquist, Atty., U. S. Dept. of Justice (Kent Frizzell, Asst. Atty. Gen., Leigh B. Hanes, Jr., U. S. Atty., Birg E. Sergent, Asst. U. S. Atty., and George R. Hyde, Atty., U. S. Dept. of Justice, on brief), for appellee in No. 72-2068 and for appellant in No. 72-2069.

Before RUSSELL and FIELD, Circuit Judges, and BRYAN, District Judge.

DONALD RUSSELL, Circuit Judge:

On July 23, 1969, the United States filed a Declaration of Taking for, and paid into the District Court the estimated value of, certain lands in Washington County, Virginia, which were being acquired as a part of the Mount Rogers National Recreation Area. At the time of the taking, Eunice B. Mock and Annette B. Mock each owned an undivided one-half interest in the land being taken. On August 29, 1969, Annette B. Mock executed deeds to a portion of her share of the lands in favor of the appellees. The appellees were then permitted by the District Court, over the objection of the Government, to intervene in the condemnation proceedings. It was the position of the appellees in their petition to intervene that the Declaration of Taking was ineffective and title in the property did not pass to the Government until it took actual possession,1 which was subsequent to the time Annette B. Mock had executed her deeds to the appellees. The

476 F.2d 274
appellees accordingly asserted that as owners of an interest in the land at the time the Government acquired title by possession, they were entitled to receive fair value for their interest in the property being taken. The District Court sustained their right to compensation for their interest and referred to Commissioners under the terms of Rule 71A, Federal Rules of Civil Procedure, 28 U.S.C., the fixing of fair compensation for the appellees. The District Court, however, reduced on subsequent hearing the compensation found due the appellees as the fair value of their interests as fixed by the Commissioners, and gave judgment for the amount determined by it to be fair value in favor of the appellees. Both the Government and the appellees-intervenors have appealed. The Government appeals from...

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4 practice notes
  • Libby Rod and Gun Club v. Poteat, Nos. 78-3297
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 15, 1979
    ...authorize the Secretary to acquire the leasehold and that no additional statutory authorization is necessary. Cf. United States v. Mock, 476 F.2d 272, 274 (4th Cir. 1973); United States v. Kennedy, 278 F.2d 121 (9th Cir. 1960); Polson Logging Co. v. United States, 160 F.2d 712 (9th Cir. The......
  • U.S. v. 194.08 Acres of Land, More or Less, Situated in St. Martin Parish, State of La., No. 95-30916
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 9, 1998
    ...condemnation action extinguished the prior owner's interest and replaced it with a claim for just compensation); United States v. Mock, 476 F.2d 272, 273 (4th Cir.1973) (holding a property interest transfer to be invalid either because the former owner no longer owned the property or becaus......
  • U.S. v. 0.13 Acre, More or Less, Sit. in Kanawha, No. CIV.A. 2:99-1060.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • May 24, 2004
    ...of the land. Title and right to possession thereupon vest immediately in the United States.")(footnote omitted); United States v. Mock, 476 F.2d 272, 274 (4th Cir.1973) (refusing to recognize a post-taking private transfer of certain property and observing "It is well settled — and the appe......
  • United States v. RIGHT TO USE, ETC., LAND, ALEXANDRIA, VA., No. 72-2493.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • September 25, 1973
    ...act provides a sufficient basis for condemnation if Congress intended the act to authorize the acquisition. United States v. Mock, 476 F.2d 272, 274 (4th Cir. 1973). Moreover, an appropriations act need not refer to the specific transaction if the project comes within the class of expenditu......
4 cases
  • Libby Rod and Gun Club v. Poteat, Nos. 78-3297
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 15, 1979
    ...authorize the Secretary to acquire the leasehold and that no additional statutory authorization is necessary. Cf. United States v. Mock, 476 F.2d 272, 274 (4th Cir. 1973); United States v. Kennedy, 278 F.2d 121 (9th Cir. 1960); Polson Logging Co. v. United States, 160 F.2d 712 (9th Cir. The......
  • U.S. v. 194.08 Acres of Land, More or Less, Situated in St. Martin Parish, State of La., No. 95-30916
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 9, 1998
    ...condemnation action extinguished the prior owner's interest and replaced it with a claim for just compensation); United States v. Mock, 476 F.2d 272, 273 (4th Cir.1973) (holding a property interest transfer to be invalid either because the former owner no longer owned the property or becaus......
  • U.S. v. 0.13 Acre, More or Less, Sit. in Kanawha, No. CIV.A. 2:99-1060.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • May 24, 2004
    ...of the land. Title and right to possession thereupon vest immediately in the United States.")(footnote omitted); United States v. Mock, 476 F.2d 272, 274 (4th Cir.1973) (refusing to recognize a post-taking private transfer of certain property and observing "It is well settled — and the appe......
  • United States v. RIGHT TO USE, ETC., LAND, ALEXANDRIA, VA., No. 72-2493.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • September 25, 1973
    ...act provides a sufficient basis for condemnation if Congress intended the act to authorize the acquisition. United States v. Mock, 476 F.2d 272, 274 (4th Cir. 1973). Moreover, an appropriations act need not refer to the specific transaction if the project comes within the class of expenditu......

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