Richmond Investment Company, Irene Ruth Woods, Mintzer Estate Company, Marin Lumber & Supply Co., and Eva Ockenden v. United States

Appellants appeal from a judgment-of the district court condemning the fee of their lots of land in the City of Richmond, California, to provide housing for persons engaged in the nation’s defense activities and their families, acting under the provisions of the Lanham Act, 42 U.S.C.A. § 1521 to and including § 1524.

It was stipulated that the value of the fee in the Richmond lots is as follows:

and the judgment followed the stipulation.

The question the Company raises is:.

The condemning provision of the Lanham Act, 42 U.S.C.A. § 1521 , provides that the Federal Works Administrator is authorized:

Here there is express power to condemn the “lands” of the appellants, the administrative option between “purchase” and “lease” being clearly stated.

It is not to be contemplated that Congress intended to compel the Government to take a mere lease-hold upon lots valued from $100.00 to $400.00 on which it proposed to construct buildings where a single family unit may cost $3,500.00 and multiple family unit housing may cost, say, $15,000.00 and then present the building to the lessor at the end of the war. This is made clear by 42 U.S.C.A. § 1524 providing that the “housing may be…