United States v. Carmen O. Herrero

This appeal is from judgment of condemnation of lands in Guam. Following eminent domain proceedings instituted by the Government a declaration of taking was filed pursuant to 40 U.S.C. § 258a on March 30, 1965. At issue is the date of taking: whether it should be the date of the filing of declaration or an earlier date. The judgment fixes compensation on the basis of a taking on July 1, 1962. Appellants contend that compensation should have been fixed on the basis of a taking on March 30, 1965, the date of the filing of the declaration. Appellants would thereby enjoy both increased land values and the value of improvements made by the Government.

Leasehold interests in the lands involved had been taken by the Government in 1946 and the leases had regularly been extended until June 30, 1962. From that date no legal action was taken by the Government until the filing of the declaration in 1965. The theory of the Government, with which the District Court agreed, was that upon expiration of the leases in 1962, continued Government possession of the lands constituted a taking by seizure under United States v. Dow, 357 U.S. 17 , 78 S.Ct. 1039 , 2 L.Ed. 2d 1109 (1958).

Appellants rely…