Jose Leon Guerrero Calvo v. United States

Before us is an appeal by the landowner from a final judgment in condemnation entered July 27, 1961, by the District Court of Guam for the Unincorporated Territory of Guam. The jurisdiction of the District Court is based on Title 28 U.S.C. § 1345 , and the jurisdiction of this Court rests upon Title 28 U.S.C. §§ 1291 and 1292.

The complaint states that the use for which the property is to be taken is for the use and benefit of the United States in the construction, operation and maintenance of utilities, drainage ditches, and roads for military and naval purposes, and that the interest in the property to be acquired is an easement in perpetuity in, on and over the described property for the placement, replacement, creation and maintenance of water pipelines, oil, gas and fuel pipelines, drainage systems, roads, highways, power transmission lines and telephone lines, together with all rights of ingress and egress for the purpose of exercising said easements.

Approximately 16.4 hectares of land, consisting of four tracts in two ownerships, are described in the complaint filed August 1, 1958, and in the declaration of taking filed August 7, 1958. The judgment appealed from covers…