John B. Kathe, Jr. v. United States

The proceeding from which this appeal arises is one in condemnation instituted by the appellee on August 21, 1952, wherein the appellee sought the right to the exclusive use and occupancy of certain lands, including land belonging to the appellant, for a term of years beginning on August 21, 1952 and ending June 30, 1953, which term could be extended for yearly periods thereafter until June 30, 1958, at the election of the ap>-pellee. The amount of estimated compensation for the use of appellant’s land, at the rate of $90 per annum, was deposited in the registry of the court upon the filing of the declaration of taking. On May 21, 1956, a written stipulation for judgment, signed by the appellant and the appellee and dated May 1, 1956, was filed in the condemnation proceeding- The recitals of the stipulation recite the institution of the condemnation action and that the parties “desire to agree and hereby do agree upon the just compensation to be paid for said exclusive use and occupancy of said property for the term and upon the conditions hereinafter stipulated.” Among the stipulations made by the parties are that the appellant voluntarily appeared in the action, submitted to the…