E. S. McKendry Florence Lowe Barnes, Also Known as Pancho Barnes, and William Emmert Barnes v. United States

The major point raised in this appeal involves the validity of a Declaration of Taking of private property for use by the government for a military installation pursuant to 40' U.S.C.A. § 258a. The facts generally show that in 1952 the Department of the Air Force was undertaking expansion of the Edwards Air Force Base in Kern County, California, and required Appellants’ land, consisting of some 360 acres, for that purpose. Purchase negotiations having failed, the institution of condemnation proceedings became necessary. There was then pending in the District Court a condemnation action entitled United States v. 1,710.73 Acres of Land, etc., numbered Civil 1201 ND, in which other lands for Edwards Air Force Base were being acquired. Appellants' lands were not described in that action. It having been determined that Appellants’ lands should also be condemned, the Assistant Secretary of the Air Force by letter of February 3, 1953, transmitted to the Attorney General a Declaration of Taking executed the same day, covering Appellants’ lands. The Declaration of Taking had been drafted with the thought that the pending complaint in condemnation might be amended to include therein a…