Manuel C. Blas, and the Estate of Jose Martinez Torres v. United States

Good Law
261 F.2d 636
United States Court of Appeals for the Ninth CircuitJanuary 26, 195915813_1California629 words

Opinion

Opinion

Denman, J.

Manuel C. Bias and the Estate of Jose-Martinez Torres, hereafter appellants, appeal from an adverse judgment of the-District Court of Guam in a condemnation action brought by the United States, hereafter appellee, against lands owned: by appellants.

On April 11, 1949, the United States instituted proceedings to condemn certain lands in the Municipality of Barrígada on the Island of Guam, for use as-the site of a village being constructed by the United States as part of a project off rehabilitation of Guamanians dispossessed during World War II. Appellants-owned three parcels of land, containing 12,871 square meters, within the condemned area. The appellee offered compensation for this land in the amount off $2,155.00.

This sum allegedly represented the-value of similar agricultural lands at the-time of the taking. However, although-, appellant’s land had been primarily agricultural prior to 1946, by 1949 the United States had developed the surrounding-lands into a residential community, pursuant to its rehabilitation program. Appellants claimed, therefore, that they should be compensated at the going rate- for comparable residential lands, and the instant action ensued.

On…

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