Paul F. Perati v. United States

This is an appeal from a judgment condemning two lots or parcels of land belonging to the appellants and fixing and awarding compensation for the taking thereof. The land in question is situated within the exterior boundaries of Yosemite National Park in the State of California. These parcels were not Park land for the reason that prior to the creation of the Park homestead entry had been made thereon by a predecessor in interest of the appellants and a homestead grant had followed.

In its complaint seeking condemnation the United States alleged that these with other parcels were sought to be taken for use in connection with the administration, protection and development of the Yosemite National Park.

The appellants resisted the attempted condemnation primarily on the ground that the taking by the United States in this proceeding was not authorized by any Act of Congress. Judgment of condemnation was entered vesting title in the United States and fixing and awarding certain sums as compensation to the defendants who have now appealed. No question is raised as to the amount of compensation awarded.

We are of the opinion that appellants’ contention that the taking and…